The Nuhanovic Foundation

Netherlands

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Region: Europe
U.N.Status: Member State
Universal Jurisdiction Status: XXXX

Last Updated
January 25, 2024

Legal Information for victims of international crimes in the Netherlands

Yes, Dutch courts have jurisdiction over international crimes committed abroad in the following three circumstances:
1. The perpetrator is a Dutch citizen.
2. The victim was a Dutch citizen at the time of the offence.
3. The perpetrator is currently on Dutch soil.

The Public Prosecution Service usually initiates criminal investigations, independent from private complaints.

If no investigation has been started yet, one can file a complaint with the International Crimes Team—a unit specialised in handling cases regarding international crimes. One should include all relevant facts in the complaint, including their own statements and any secondhand information, as long as there is clear differentiation between their own words and someone else’s.

Prosecutors in the Netherlands have discretion to pursue or dismiss a case. To increase the chance of an investigation proceeding, one should make sure their complaint alleges a serious violation of international law and can lead to an admissible criminal prosecution.

1. Investigation – police and prosecutors conduct the investigation, which may take quite some time. Investigators may travel to location, find witnesses, collect evidence, and cooperate with NGOs to build a case. This can take 1-5 year(s).

2. Pre-trial – after investigation, the prosecutor decides whether to proceed with the case. This can take 1-2 year(s).

3. Trial – court hearings at the District Court in the Hague. Trials are presided over by three judges, who tend to assess the case solely based on the paper file. Witnesses are rarely heard in person. This can take 2-4 weeks.

4. Sentencing and Appeals – sentencing decision rests with the judges. The International Crimes Act specifies the maximum penalty per each crime. The judgment will include a decision on the compensation claim, if attached. Either party can appeal within two weeks of the verdict.

The declaration of rights of victims of criminal offences guarantees the following rights:

1. You are entitled to information;
2. You are entitled to assistance;
3. You may receive protection;
4. You may file a complaint;
5. You have the right to a lawyer;
6. You may ask for an interpreter if you do not understand the Dutch language well enough;
7. You can seek compensation for your damages;
8. You may ask for contact with the suspect or offender;
9. You are entitled to proper treatment;
10. You may complain when the prosecution decides there will be no criminal case;
11. You may ask to see records of the criminal case file;
12. You may receive compensation if you have to testify;
13. You may speak in court;
14. You have the right to information about leave, release or escape of the suspect or offender.

For elaborate information on victims’ rights, click here.

The EU Victims’ Rights Directive monitors whether these rights are being guaranteed.

One can fill out an adhesion form to attach civil claims to a criminal complaint. If it complicates the case, the compensation claim may be split into a different proceeding, but in most cases it is combined with the criminal trial.

The Netherlands does not allow state-funded compensation for victims of foreign crimes, but there is a system in place to assist in the enforcement of compensation awards.

victims support resources

Victims and survivors have access to: 

  • Victim Support
  • Legal Aid
  • Psychosocial Support
  • Legal Representation
  • Police
  • Prosecution Office
  • Non-Profit Organisations

Victim Support Netherlands (Slachtofferhulp Nederland)
Tel: 0900-0101
Website & e-mail 

To be updated

Netherlands War Crimes Unit
Tel: +31 88 662 5743
E-mail: warcrimes@politie.nl

ARQ – Nationaal Psychotrauma Centrum
Tel: (0800) 2 245 245
E-mail: mail@centrum45.nl
Website

Prakken d’Oliveira Human Rights Lawyers
Tel: +31 20 344 6200
E-mail: info@prakkendoliveira.nl

Yazidi Legal Network
Website:
Twitter: @YazidiLN
Instagram: @YazidiLegalNetwork

The Nuhanovic Foundation
Website
Email: mail@nuhanovicfoundation.org

Redress
Website: https://redress.org
Twitter: @REDRESSTrust
Facebook: @theREDRESSTrust

ligitation overview

Hasna A. is facing charges in the Netherlands for co-perpetrating slavery as a crime against humanity against a Yazidi woman. The prosecution alleges that Aarab forced her to perform various tasks, including cleaning, domestic work, food preparation, and childcare, as forced labour in Raqqa, Syria, in 2015. The case is currently in the pre-trial phase at the District Court of The Hague in Rotterdam, which handles international crimes. Aarab is one of Dutch women repatriated from Syrian camps, and is accused of being a member of a terrorist organisation. The slavery charges are based on statements from Yazidi witnesses. Aarab’s defence claims she denies keeping the Yazidi women as a slave and asserts her right to remain silent. The defence acknowledges A. was in the same house as the survivor, but denies her commanding Z., attributing her presence to being young and naive and placed there by her husband, who later left.

The investigation is still on-going.