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Against:1. The State of the Netherlands (Ministry of General Affairs), with its seat atThe HagueRespondentAttorney: G.J.H. Houtzagers2. the organisation with legal personality The United Nations, having its seat in New York City(NY 10017), New York, United States of AmericaRespondentNot entering an appearance and leave to proceed in default of appearance having beengranted© Van Diepen Van der Kroef Advocaten page 2 of 99
Page 5 and 6: assertions and allegations made at
Page 7 and 8: ‘to hold the United Nations and t
Page 10 and 11: about its jurisdiction in the case
Page 12 and 13: acceptance of the status of the def
Page 14 and 15: have any consequences for the valid
Page 16 and 17: 36. Consequently, the District Cour
Page 18 and 19: international obligation under Arti
Page 20 and 21: had already issued an Advisory Opin
Page 22 and 23: cannot perceive any legal construct
Page 25 and 26: very dissimilar to each other, ther
Page 27 and 28: State immunity versus immunity of i
Page 29 and 30: 67. In the Manderlier Case the UN p
Page 31 and 32: claim to immunity (A. Reinisch, Int
Page 33 and 34: It follows from this quotation also
Page 35 and 36: 80. The Convention is based on the
Page 37 and 38: the decision of the District Court
Page 39 and 40: menschenrechtlichen Verpflichtungen
Page 41 and 42: ‘When national courts are seised
Page 43 and 44: - it is established that the UN had
Page 45 and 46: view of, inter alia, the manner in
Page 47 and 48: 107. The District Court endorses al
Page 49 and 50: Explanation of ground of appeal 911
Page 51 and 52: 116. The District Court considered
Page 53 and 54:
Committee does not exist and nor do
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conflicting norms is necessary beca
Page 57 and 58:
and Punishment of the Crime of Geno
Page 59 and 60:
in preventing the commission of gen
Page 61 and 62:
was the ethnic cleansing of this ar
Page 63 and 64:
similar cases are brought before th
Page 65 and 66:
‘(b) Adopting appropriate and eff
Page 67 and 68:
154. The Basic Principles provide a
Page 69 and 70:
unwritten law pertaining to proper
Page 71 and 72:
the European Court of Human Rights
Page 73 and 74:
issue of a hierarchy between the di
Page 75 and 76:
any grant of immunity. Should that
Page 77 and 78:
Article 6 ECHR only if the institut
Page 79 and 80:
the functional necessity for that i
Page 81 and 82:
United Nations has offered under Se
Page 83 and 84:
where an international organisation
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199. The European Court of Justice
Page 87 and 88:
created a municipal legal order of
Page 89 and 90:
immediate rights and obligations. T
Page 91 and 92:
Sanctions Committee - a diplomatic
Page 93 and 94:
under the United Nations and the Co
Page 95 and 96:
206. That case concerned European C
Page 97 and 98:
Ground of appeal 16213. The Distric
Page 99:
international and human rights law,
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© Van Diepen Van der Kroef Advocaten

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