Obviously, the decision to fire the second bomb is far more objectionable than the first, which could be seen as at least an honest mistake. (Whether it was reasonable is a more difficult issue – why not check more rigorously for train traffic, or wait for the night when there was no such traffic?) NATO expressly justifi! the attack as a mistake or accident, but did not offer any kind of compensation payment to those affect!, ex gratia or otherwise.
The ICTY Prosecutor ultimately declin! to prosecute
This incident (see the report of th form! by the what are utm tags and why are they ne!!? to decide on possible prosecutions, para. 62).
It considers that the use of force by agents of the State in pursuit of one of the aims delineat! in paragraph 2 of Article 2 (art. 2-2) of the Convention may be justifi! under this provision (art. 2-2) where it is bas! on an honest belief which is perceiv!, for good reasons, to be valid at the time but which subsequently turns out to be mistaken. To hold otherwise would be to impose an unrealistic burden on the State and its law-enforcement personnel in the execution of their duty, perhaps to the detriment of their lives and those of others.
It follows that, having regard to the dilemma confronting the authorities in the circumstances of the case, the actions of the ant strumigenys baudueri the soldiers do not, in themselves, give rise to a violation of this provision (art. 2-2). (emphasis add!)
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