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 — United Nations International Law Commission — 2001 Draft Articles on Responsibility of States for Internationally Wrongful Acts — 2011 Draft Articles on the Responsibility of International Organizations — Decisive criterion for attribution — Factual control — Whether Court of Appeal incorrectly applying or interpreting effective control criterion — Context for alleged conduct — Whether alleged conduct unlawful — Bosnian law — Principles laid down in Articles 2 and 3 of European Convention on Human Rights, 1950 (“European Convention”) and Articles 6 and 7 of International Covenant on Civil and Political Rights, 1966 (“ICCPR”) — Whether State liable for damages

Relationship of international law and municipal law — Treaties — Customary international law — European Convention, Articles 2 and 3 — ICCPR, Articles 6 and 7 — Right to life — Prohibition of inhuman treatment — Whether State having requisite jurisdiction within meaning of Article 1 of European Convention and Article 2(1) of ICCPR — Case law of European Court of Human Rights — Law of Bosnia and Herzegovina applicable in accordance with Dutch international private law — Assessment of wrongful conduct — Whether assessment of Court of Appeal correct — Whether any basis for exercise of judicial restraint

Jurisdiction — Treaties — European Convention, Article 1 — ICCPR, Article 2(1) — Whether State having jurisdiction — Whether jurisdiction required to assess disputed conduct by reference to Articles 2 and 3 of European Convention and Articles 6 and 7 of ICCPR — Case law of European Court of Human Rights — Whether State competent through its battalion contingent to exercise jurisdiction — State’s battalion contingent forming part of UNPROFOR — Agreement on the Status of UNPROFOR in Bosnia and Herzegovina — Whether sufficient basis for view of State’s ability to ensure compliance with human rights enshrined in Articles 2 and 3 of European Convention and Articles 6 and 7 of ICCPR — The law of the Netherlands