General Q&A
International crimes and universal jurisdiction in the Netherlands
What are international crimes?
International crimes (often called core international crimes) are the most serious violations recognised under international law. They affect not only individual victims, but entire communities, and are considered crimes of concern to the international community as a whole.
Because of their gravity, international crimes may be prosecuted not only in the country where they were committed, but also, under certain conditions, in other countries.
The main international crimes are:
Genocide
Acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. This includes killing members of the group, causing serious physical or mental harm, imposing living conditions meant to destroy the group, preventing births, or forcibly transferring children.
Crimes Against Humanity
Widespread or systematic attacks directed against a civilian population. These include murder, enslavement, deportation, imprisonment, torture, sexual violence, persecution, enforced disappearance, and other inhumane acts. These crimes can be committed by state actors or by organised non-state actors.
War Crimes
Serious violations of the laws and customs of war during an international or non-international armed conflict. These include attacking civilians, torture, unlawful detention, summary executions, destruction of civilian property, the use of child soldiers, and outrages upon personal dignity.
How can these crimes be prosecuted outside the country where they happened?
States have a shared responsibility to ensure accountability for international crimes, especially when the country where the crimes occurred is unwilling or unable to prosecute them.
Universal jurisdiction is a legal principle that allows a country to prosecute international crimes regardless of where they were committed, and even if neither the victim nor the perpetrator is a national of that country.
Its purpose is to prevent perpetrators from finding safe haven and to reduce impunity.
How does universal jurisdiction work in the Netherlands?
In the Netherlands, universal jurisdiction is regulated by the International Crimes Act (ICA). Dutch courts may prosecute international crimes on the basis of secondary universal jurisdiction. This means that, in addition to the nature of the crime, a specific link with the Netherlands is required. Such a link exists when:
Most universal jurisdiction cases rely on the presence of the suspect.
Important practical limitation
Dutch authorities are competent to investigate universal jurisdiction cases only if the suspect remains on the territory during the investigation. If the suspect leaves the country while the investigation is still ongoing, Dutch jurisdiction ends. However, once prosecution has started, Dutch courts would still be competent to judge him or her, even if the suspect leaves the country.
Which law applies in the Netherlands?
The main law governing international crimes in the Netherlands is the International Crimes Act (ICA), which entered into force in 2003.
The ICA:
- criminalises genocide, crimes against humanity, war crimes, torture and enforced disappearance;
- largely follows the definitions used by the Rome Statute of the International Criminal Court;
- establishes when Dutch courts have jurisdiction.
Who can be held criminally responsible?
Dutch law allows prosecution not only of those who directly committed crimes, but also of those in positions of authority.
Command responsibility
A superior (civilian or military) can be held criminally responsible if they:
- intentionally allow subordinates to commit international crimes, or
- intentionally fail to prevent or punish such crimes, despite having the authority and obligation to do so.
The existence of ‘command responsibility’ as a mode of liability constitutes a distinctive feature of the Dutch legal framework, in that it is codified exclusively with respect to international crimes. This makes it possible to prosecute commanders, leaders, or officials who did not personally commit the crimes but were responsible for them.
Is there any time limit to file a case?
Under Dutch law, there is no time limit for prosecuting:
- genocide
- crimes against humanity
- torture
- enforced disappearance
- most war crimes
This means that cases can be brought even decades after the crimes were committed, which is particularly important for survivors who could not seek justice earlier.
Does the date of the crime matter?
Yes. Dutch courts can only prosecute crimes committed after certain dates:
- 1952
War crimes
The Dutch Courts have jurisdiction over war crimes committed after 10 July 1952, pursuant the Wartime Offences Act. Since 2003, the jurisdiction of Dutch Courts over war crime is based on the ICA
- 1970
Genocide
Genocide was already criminalized under the Dutch Genocide Convention Implementation Act of 1964. Article 21(4) of the ICA deals with the relationship between these two legal frameworks, and states that Article 2 of the ICA on universal jurisdiction applies to crimes of genocide committed after 24 October 1970
- 1988
Torture
The Dutch authorities have jurisdiction over acts of torture as an independent offence committed after 21 December 1988, pursuant to the Dutch Torture Convention Implementation Act. Furthermore, the prohibition of torture as a war crime was already stipulated in the Wartime Offences Act, which makes it possible to prosecute torture as a war crime from 1952 onwards. Torture as a crime against humanity was criminalized with the ICA and therefore can only be prosecuted if committed after 19 June 2003
- 2003
Crimes against humanity
The ICA, adopted on 19 June 2003, established the first criminalization of crimes against humanity in the Netherlands. Therefore, only crimes against humanity committed after 19 June 2003 can be prosecuted before Dutch courts.
- 2003
Enforced disappearance
Since both the stand-alone crime and crime against humanity of enforced disappearance were criminalized for the first time in the ICA, the prohibition against enforced disappearance can only be enforced before the Dutch courts from 19 June 2003 onwards.
Are there any other limitations or immunities that restrict the prosecution of these crimes?
Some individuals may enjoy (temporary) immunity from prosecution while holding certain public offices, such as foreign heads of state, heads of government, or ministers of foreign affairs.
These immunities generally apply only while the person is in office and do not amount to permanent impunity. Because immunity rules are complex and depend on the specific situation, legal advice is recommended in such cases.
How do Dutch criminal proceedings work?
Dutch criminal proceedings are generally shorter and more written than common-law trials, relying more on written submissions than trials in some other legal systems.
Most evidence (including witness statements and expert opinions) is collected before the trial, under the supervision of an Investigating Judge.
Main phases of the proceedings
- 1
Investigation
The prosecutor decides whether to open an investigation. Investigations can start:
- on the prosecutor’s own initiative, or
- following a complaint by victims or NGOs.
Evidence is collected by the police and prosecutors.
- 2
Pre-trial phase
Additional evidence is gathered, witnesses may be heard, and investigative measures are authorised.
- 3
Trial
The court examines the case file, questions the accused, hears legal arguments, and allows victims to participate.
- 4
Judgment and sentencing
The court delivers its verdict and decides on sentencing and compensation.
What rights do victims have?
Victims may apply to participate in the criminal proceedings as “injured parties”.
This allows them to:
- request compensation within the criminal case;
- make a victim impact statement before the court (or have someone speak on their behalf) about the impact of the crime;
- be represented by a lawyer;
- access and copy (parts of) the prosecutor’s file before the trial, subject to privacy limitations;
- request the prosecutor to summon relevant witnesses and experts in support of their compensation claim, and question them.
- receive information about key procedural steps.
Under Dutch law, victims can seek compensation either within criminal proceedings or through separate civil proceedings. By joining the criminal case as an injured party, victims may request compensation directly within the criminal proceedings, without the need to start a separate civil claim, unless the court considers the claim too complex.
What if the prosecutor decides not to proceed with a case?
If the prosecutor decides not to investigate or prosecute a case, you must be informed of the decision and the reasons for it.
You may then challenge this decision before the Court of Appeal, which can order the prosecutor to open or continue an investigation.
What can I do if I have information about international crimes?
If you have any information regarding potential international crimes, whether committed inside or outside of the Netherlands, you are encouraged to contact the Team International Crimes of the Police (hereafter: TIM).
On its website, the TIM provides information in multiple languages about how you could share information you may have.
You can also reach out to the Nuhanovic Foundation at mail@nuhanovicfoundation.org.
For additional support or questions, they can also put you into contact with third parties who might assist you as the case may be.
Please be assured that any and all information that you provide will be handled with the utmost confidentiality.