Stichting Mothers of Srebrenica et al v The Netherlands. An unclear finding on applicable law.

I have reported some years back on Nuhanovic v Netherlands and the applicable law issues in same. The Court at Den Haag yesterday, upon appeal, has not done much to clarify the uncertainty I flagged then: whether Dutch conflict principles mean that Bosian law applies to the facts at issue. In current case the court applies Dutch, not Bosnian law [33] however does that because the parties are in agreement on that and have not appealed the lower court’s assessment on the issue. That court [4166] ff had concluded that under Dutch law, actions subject to immunity (acta iure imperii) are subject to that State’s law, here Dutch law. However the court also noted [4.172] with reference to Nuhanovic that the only relevant difference would be one of assessment of immaterial damage.

A pity really that the issue is not more extensively argued.



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