A quick note on ECLI:NL:HR:2013:BZ9225 Nuhanovic v Netherlands, a follow-on case from the awful events at Srebrenica, in which claimant argues the Dutch UN Dutchbat mission, fell short of its duties.
Of note to the blog is the applicable law issue in tort. The lower court had held [5.4]-[5.5] that Dutch private international law rules (Rome II does not apply ratione temporis and one assumes also because of the acta iure imperii carve-out) lead to Bosnian law. It did not however give much detail for its analysis among others because in its view the Dutch defence failed under public international law, too, hence taking away the relevance of the private international law argument.
The Supreme Court now seemingly confirms this approach in most succinct fashion, seeing as it holds that the arguments related to wrong application of Bosnian law cannot ground an appeal before it. I am assuming yet need to probably study this a bit more, that this means it confirms the applicability of said laws in principle.
Geert.
gavc law - geert van calster 
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