Attributing Conduct in the Law of State Responsibility: Lessons from Dutch Courts Applying the Control Standard in the Context of International Military Operations

In two decisions of 2019, the Dutch courts have come up with novel interpretations ‘control-based’ standard attribution in international law State responsibility. This is a that laid down Article 8 International Law Commission‘s (ILC) Articles on Responsibility States for Internationally Wrongful Acts (ARSIWA), which is, by and large, reflective customary law. The traditional understanding ARSIWA it applies to relations between private persons or entities, particular armed groups: conduct non-State group attributed extent exercises control over group. However, extended scope application organs organisations (the UN) as well foreign (i.e., other than Netherlands). speaking, this interpretation ARSIWA, there are no precedents. After introducing courts’ reasoning these cases, contribution zooms out inquires what evolutions imply development controlbased author argues relatively peculiar applying interactions inter se, practically viable narrow range scenarios characterised strong politico-military hierarchies.