The Dutch Engagement with the Project of International Criminal Justice

Abstract

This article analyses the Dutch practice on the prosecution of international crimes with a view to determining whether this practice has been inspired by or has informed developments at the international level and more generally to analyzing how Dutch practice interrelates with international developments. The article singles out three episodes. First, a prelude of frustration in which the extradition of the German Emperor was refused (1918-1920). Subsequently, two periods of engagement, which were to some extent inspired by international proceedings (1946-1951 and 1994-today). In these periods, Dutch courts demonstrated commitment to the project of international criminal justice and they have produced insightful judgments which have even served as a source of law and a source of inspiration to contemporary international criminal law adjudication. The article has been written on the occasion of the 100th anniversary of the Netherlands Society of International Law.

Keywords: International Law, International Criminal Law, Dutch courts, Kaiser Wilhelm II, Röling, crimes against humanity, universal jurisdiction