The Aftermath of Dutch International Crimes Cases

Abstract

This article describes the scale and nature of international crimes prosecutions in the Netherlands and maps the different scenarios that (may) unfold when criminal proceedings against a migrant suspect of international crimes conclude after acquittal or completion of a sentence. The article is based on an analysis of academic literature, Dutch legislation and case law, policy documents, and media reports. Since 1997, 20 individuals have been prosecuted for international crimes in the Netherlands, 16 of whom were naturalized or dual Dutch citizens, or non-citizens. The article concludes that while the Dutch ‘No Safe Haven’ policy — which we propose consists of a four-pillar model covering criminal law, extradition law, immigration/refugee law, and nationality law — has the potential to reduce impunity for international crimes, it likely results in undesirable, unremovable, and unaccounted for individuals.