‘A Disappointing End of the Road for the Mothers of Srebrenica Litigation’

This EJIL: Talk! blog post summarises the recent, final decision of the Dutch Supreme Court in this long-running case concerning acts and omissions of Dutchbat. The post focuses on the following four key issues: 

  • the Court’s apportionment of responsibility to the Netherlands for Bosnian Serb forces’ killings of the 350 Bosnian Muslim men who had been in the Dutchbat compound; 
  • the theory of attribution adopted by the Court, and how it compares to the approach adopted in earlier Srebrenica cases; 
  • the Court’s approach to Dutch responsibility for those outside the compound; and
  • the justiciability of the duty to prevent genocide.