Writ of summons - Van Diepen Van der Kroef

‘Article 3 – General Principles1. Every internationally wrongful act of an international organization entails theinternational responsibility of the international organization.2. There is an internationally wrongful act of an international organization whenconduct consisting of an action or omission:(a) Is attributable to the international organization under international law; and(b) Constitutes a breach of an international obligation of that internationalorganization.’II.5.b. Attribution347. In both the ILC Articles for States and in the ILC Articles for International Organisationsthe concept of ‘attribution’ is, together with a breach of international law, a requirementfor the responsibility of the state, or the international organisation, respectively. Beforeturning to the breach of international law, Plaintiff will address the question to whomcan the conduct of Dutchbat and UNPROFOR be attributed. Plaintiff will conclude thatthis conduct must be attributed both to the UN and to the State of the Netherlands.Attribution to the UN348. It is generally accepted that the UN is responsible for the actions of bodies or an agencyof the UN. This principle is confirmed in the ILC Articles for InternationalOrganisations under Article 4. That Article deals with the situation in which a body oragency of the UN itself is concerned, or in which the body or agency concerned is placedfully at the disposal of the UN.349. Article 5 ILC Articles for International Organisations envisages, on the contrary,situations where the body or the agency is not placed fully at the disposal of the UN andcertain powers remain with the State providing troops. By virtue of Article 5 ILCArticles for International Organisations, the acts of a body (of a state) that is placed atthe disposal of an international organisation are attributed to the internationalorganisation under the following circumstances (see, 2 nd ILC report over the ILCArticles for International Organisations (A/CN.4/L.654/Add.1, page 11 no. 2)):© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com149