ABSTRACT
This chapter presents the two cases that have touched on the issue of accountability for peacekeeping failures: the actions brought in relation to the withdrawal of the Belgian battalion from Kigali and the fall of the enclave in Srebrenica. It provides a factual account of the course of events, and discusses the legal aftermath of the failed missions in Srebrenica and Kigali. Mukeshimana is a prominent example of how failing to act vis-a-vis civilians is assessed under national law, despite receiving remarkably little attention compared to the case law in the aftermath of Srebrenica. The legal aftermath of the Srebrenica genocide is difficult to capture, but the Mothers of Srebrenica and Mustafić and Nuhanović cases have demonstrated that there has been a considerable development in how both the facts and the law are interpreted. With its partial focus on a failure to prevent international crimes, the 2010 Mukeshimana verdict triggers the question how the failure to act against serious international crimes in peacekeeping operations can be addressed under both domestic and international law.
