This note discusses Mustafic, a recent Dutch appellate court decision in which the court held the Netherlands responsible for the failure of Dutch peacekeeping troops during the Srebrenika massacre. More specifically, the Dutch court held that both the Netherlands and the UN could be held responsible for the actions of those contributed Dutch troops. However, this note argues that this so-called “dual attribution” applied by the Dutch court is not supported by international law, nor is it likely to become international law in the foreseeable future. Instead, the note proposes an original framework for attributing the conduct of contributed troops, called Default State Attribution. This alternate framework is consistent with present international law, and would be preferable to either dual attribution or limiting attribution to the receiving organization.
- "effective control",
- "dual attribution",
- "troop contributing nation",
Available at: http://works.bepress.com/osama_almughrabi/1/