Practice Relating to Rule 149. Responsibility for Violations of International Humanitarian Law
The Military Manual (1993) of the Netherlands refers to Article 91 of the 1977 Additional Protocol I and states:
A party to the conflict is responsible for all acts committed by persons who are members of their armed forces. The responsibility applies not only towards those who have suffered damage and towards other parties to the conflict, but also towards the public opinion. This responsibility can result in pressure to respect the accepted rules of humanitarian law of war.
In its judgment in the J.T. case
in 1949 in which an individual had sued the State for repayment of money taken by the police during the arrest of the claimant during the occupation of the Netherlands by the German army, the District Court of The Hague held that the State of the Netherlands must repay the money to the plaintiff. It held that it was true that the State was not liable for all acts committed by the resistance movement (Binnenlandse Strijdkrachten
) which had been organized with the consent of the government in exile during the Second World War, but since it was definitely established that the money had come into the hands of the police, restitution had to be made.