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Stichting Mothers of Srebrenica and Others v. Netherlands

European Court of Human Rights.  11 June 2013 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Right to a fair trial — Right to a court — Right of access to a court — Whether absolute right — Applicants bringing proceedings in Netherlands in connection with 1995 Srebrenica massacre — Netherlands courts granting United Nations immunity — Applicants lodging application with European Court of Human Rights against Netherlands — Standing of applicants — Admissibility of applicants’ complaints under Article 6 of European Convention on Human Rights, 1950 — Scope of case before European Court of Human Rights — Whether plausible basis in international law for immunity of United Nations — Whether Netherlands compelled to provide remedy against United Nations in its own courts — Whether grant of immunity to United Nations serving legitimate purpose — Whether disproportionate — Netherlands Supreme Court refusing to refer to Court of Justice of European Union for preliminary ruling — Whether summary reasoning sufficient — Whether Netherlands violating applicants’ right of access to court — Whether Netherlands violating Article 6 of European Convention on Human Rights, 1950

International organizations — United Nations — Immunity — Nature of immunity — Netherlands granting United Nations immunity from domestic civil jurisdiction — Whether grant of immunity to United Nations serving legitimate purpose — Whether disproportionate — Whether Netherlands violating applicants’ right of access to a court — Whether plausible basis in international law for immunity of United Nations — Rules of international law relating to immunity — Applicability — Special character of European Convention on Human Rights, 1950 as human rights treaty — Purpose of United Nations — International human rights law — Relevance of allegation of genocide — Whether civil claim overriding immunity from suit

Treaties — Interpretation — European Convention on Human Rights, 1950 — United Nations Charter, 1945 — Special character of Convention as human rights treaty — Convention forming part of international law — Relevant rules of international law — International law rules on State immunity — International human rights law — Conflicting obligations under international agreements — Prevailing obligation — Purposes of United Nations — United Nations Charter — Presumption in interpretation — Netherlands courts finding United Nations immune from domestic jurisdiction under international law — Whether Netherlands violating Article 6(1) of European Convention on Human Rights, 1950

Type
Case Report
Copyright
© Cambridge University Press 2015

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