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Nuhanović v. Netherlands

The Netherlands.  05 July 2011 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International organizations — Responsibility — Attribution of acts to international organization or to States — United Nations — Peacekeeping mission — United Nations Security Council establishing United Nations Protection Force (“UNPROFOR”) — Security Council Resolution 743 (1992) — Peacekeeping mission of UNPROFOR extending to Bosnia and Herzegovina

State responsibility — Attribution — National contingent in United Nations force — State placing troops at disposal of United Nations — Dutch battalion contingent in UNPROFOR — Alleged wrongful conduct of contingent — Whether attributable to State — Whether attributable to United Nations — Whether attributable to both State and United Nations — Assessment in accordance with international law — Decisive criterion for attribution — Effective control — Context for alleged conduct — Whether alleged conduct unlawful — Bosnian law — Principles laid down in Articles 6 and 7 of International Covenant on Civil and Political Rights, 1966 — Whether State liable for damages

Relationship of international law and municipal law — Treaties — Customary international law — European Convention on Human Rights, 1950, Articles 2 and 3 — International Covenant on Civil and Political Rights, 1966 (“ICCPR”), Articles 6 and 7 — Right to life — Prohibition of inhuman treatment — Fundamental legal principles of civilized nations — Universally valid — Binding upon State — Bosnia and Herzegovina party to ICCPR — ICCPR constituting part of Bosnian law — ICCPR provisions having priority over Bosnian law in event of inconsistency — Constitution of Bosnia and Herzegovina, Article 3 — Alleged wrongful conduct to be tested against law of Bosnia and Herzegovina in accordance with Dutch international private law — Alleged wrongful conduct to be tested against legal principles contained in European Convention and ICCPR — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 2013

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