Onder 4.52. Rechtbank Den Haag 16 juli 2014

Nor does the fact that Dutch officers in the UN chain of command maintained contact with The Hague constitute grounds for assuming effective control . Claimants argue that the influence of The Hague expressed itself inter alia in frequent requests for information. The State correctly points out that requests for information by the Dutch Government do not constitute exercise of effective control . In addition Nicolai’s sigh that Claimants advanced contained in the NIOD Report namely, “ I phoned The Hague at one point and was pissed off when the people in The Hague started asking where the forward Air Controllers were. You can’t get more crazy than them wanting to know that in The Hague.” (p. 2626) the District Court understands this as apparently detailed requests for information. Other than Claimants argue these requests do not per se demonstrate any control being exercised by the Dutch Government over Dutch officers and/or Dutchbat during operational implementation of the mandate. Given the responsibility that the State had even after the transfer of command and control over the operational implementation of the mandate vis-à-vis Dutchbat (see: 4.41) contact between the Dutch Government and the Dutch officers at UNPROFOR would seem obvious.

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