Writ of summons - Van Diepen Van der Kroef

includes Plaintiff and the persons whose interests are promoted by Foundation. Dutchbatwas present in the Safe Area precisely with the object of preventing that whichultimately occurred. Dutchbat was obliged to act and wrongly failed to do so or at leastfailed to make sufficient efforts thereto. This must be regarded as acting contrary to astatutory duty, alternatively as a breach of that which is deemed to be proper behaviourin social intercourse according to unwritten law. The non-performance, alternatively theunlawful conduct, meant that Plaintiff lost hearth and home and her family memberswere murdered. As a result Plaintiff is forced to try to rebuild a life elsewhere far fromher original domicile. The same holds for the persons whose interests are promoted byFoundation.337. To the extent that this Court might hold that the State of the Netherlands and the UNmight not be liable on the basis of civil law in the present proceedings, Plaintiff andFoundation note that liability of the State of the Netherlands and the UN in that casearises under public international law. The underpinning of the action on the basis ofpublic international law follows below.II.5.Responsibility under International LawII.5.a. Introduction338. Plaintiff and Foundation have instituted proceedings on the basis of public internationallaw against both the UN and the State of the Netherlands. Plaintiff and Foundation willdeal with their claims against each Defendant separately.339. The most important body in the field of the codification of public international law is theInternational Law Commission (ILC), the UN Commission for international law.The ILC is a commission of the General Assembly of the UN. The ILC was founded in1948 and by virtue of Article13 paragraph 1 under a of the UN Charter has as itsobjective:‘The General Assembly shall initiate studies and make recommandations for thepurpose of (…)© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com146