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Updates on Netherlands

31 Dec 2005

On 17 June 2003, the Dutch Senate passed the International Crimes Act, which incorporates jurisdiction over genocide, crimes against humanity, war crimes and torture under one bill. Before the Act may enter into force, the Prosecutors-General must first adopt a directive for the prosecution, which is expected to occur in the next few months. The maximum sentence will be either life imprisonment or thirty years. The proposed bill maintains immunity from prosecution for the head of state and diplomats.

The Senate passed both the International Criminal Court (Implementation) Act and the accompanying Amendment Act on 20 June 2002 and each was entered into force on 1 July 2002 and 8 August 2002, respectively, governing the cooperation with the Court. The Implementation Act gave the Dutch Government a statutory basis for transferring suspects to the ICC, protecting and guarding them and transporting them to the Court. The Implementation Act also furnished the ICC with legal assistance.

In April 2001, a bill called the International Crimes Act was submitted to the Lower House. This bill contains provisions distinguishing the crimes under the Court's jurisdiction from criminal offences under Dutch law.

In December 2001, the Ministry of Foreign Affairs established a task force on the ICC.

On 20 December 2001, recommendations for implementing legislation were introduced in the Parliament for debate.

The draft ratification bill was adopted by the Council of Ministers on 13 October 2000, and was thereafter sent to Parliament. The second Chamber of the Parliament approved the draft bill of ratification on 27 March 2001. On 3 July 2001, the Upper House of the Dutch Parliament (Senate) adopted the ICC ratification bill on its final reading. Implementing legislation was not necessary prior to ratification, but work has begun to create such legislation to clarify the statutory obligations nonetheless.

Previously, the ratification bill was prepared by the relevant ministries (Foreign Affairs, Justice, Interior and Defense) and sent by the Council of Ministers to the Council of State, the highest advisory body in government.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		Updates on Netherlands 31 Dec 2005 On 17 June 2003, the Dutch Senate passed the International Crimes Act, which incorporates jurisdiction over genocide, crimes against humanity, war crimes and torture under one bill. Before the Act may enter into force, the Prosecutors-General must first adopt a directive for the prosecution, which is expected to occur in the next few months. The maximum sentence will be either life imprisonment or thirty years. The proposed bill maintains immunity from prosecution for the head of state and diplomats. The Senate passed both the International Criminal Court (Implementation) Act and the accompanying Amendment Act on 20 June 2002 and each was entered into force on 1 July 2002 and 8 August 2002, respectively, governing the cooperation with the Court. The Implementation Act gave the Dutch Government a statutory basis for transferring suspects to the ICC, protecting and guarding them and transporting them to the Court. The Implementation Act also furnished the ICC with legal assistance. In April 2001, a bill called the International Crimes Act was submitted to the Lower House. This bill contains provisions distinguishing the crimes under the Court's jurisdiction from criminal offences under Dutch law. In December 2001, the Ministry of Foreign Affairs established a task force on the ICC. On 20 December 2001, recommendations for implementing legislation were introduced in the Parliament for debate. The draft ratification bill was adopted by the Council of Ministers on 13 October 2000, and was thereafter sent to Parliament. The second Chamber of the Parliament approved the draft bill of ratification on 27 March 2001. On 3 July 2001, the Upper House of the Dutch Parliament (Senate) adopted the ICC ratification bill on its final reading. Implementing legislation was not necessary prior to ratification, but work has begun to create such legislation to clarify the statutory obligations nonetheless. Previously, the ratification bill was prepared by the relevant ministries (Foreign Affairs, Justice, Interior and Defense) and sent by the Council of Ministers to the Council of State, the highest advisory body in government.