On 10 September 2008, the district court dismissed these claims and held that the State could not be held responsible because the Dutchbat peacekeepers were operating in Bosnia under a United Nations mandate and operational command and control over the troops had been transferred to the UN command.The Hague Justice Portal DomClic Project, "Nuhanović vs The Netherlands" . Retrieved 5 August 2010. On 5 July 2011, the court of appeal reversed this decision and held that the State was responsible for, and indeed actively coordinated, the evacuation once Srebrenica fell, and therefore was responsible for the decision to dismiss Nuhanović's brother and Mustafić from the Dutchbat compound. The court further held that this decision was wrong, because the Dutch soldiers should have known that they were in great danger of being tortured or killed. Both claimants are therefore eligible for compensation.
