¹ Behrami v. France, Saramati v. France, Joined App. Nos. 71412/01 & 78166/01 (Eur. Ct. H.R. May 2, 2007.)

² The Court concluded with regard to Saramati that KFOR (Kosovo Force) was exercising lawfully delegated Chapter VII powers of the Security Council, so that the detention of Mr. Saramati was in principle attributable to the United Nations. Similarly, with the failure to de-mine in Behrami, the Court noted that despite the facts on the ground, UNMIK (United Nations Interim Administration Mission in Kosovo) and not KFOR had a mandate to de-mine and as such was a subsidiary organ of the UN, so that the failure to de-mine was also in principle “attributable’ ‘ to the UN.