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Law for the adoption and implementation of the Treaty of London (NAVO-SOFA)

Original Language Title: Wet goedkeuring en uitvoering Verdrag van Londen (NAVO-SOFA)

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Law of 7 August 1953 on the adoption and implementation of the London Convention of 19 June 1951 between the States Parties to the North Atlantic Treaty concerning the legal status of their forces of war

We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that the London Convention of 19 June 1951 between the States, which are parties to the North Atlantic Treaty, concerning the legal status of their forces of war, before being ratified, are Article 60 (2) of the Constitution approve the approval of the States-General, and that certain arrangements should be made for the implementation of this Convention;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


Article 1

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The Treaty of London of 19 June 1951 between the States, which are parties to the North Atlantic Treaty, concerning the legal status of their forces of war, the text of which is to be found in the Tractatenblad 1951, No 114 is placed before the Empire in Europe.


Article 2

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  • 1 In the examination and investigation of criminal offences, of which a Judge of the State of origin is aware, pursuant to the provisions of Article VII of the Convention adopted by this Act, the Dutch investigation officers shall be the public. Ministry and the Chief Justice Officer shall, at the request of the State of origin authority responsible for the prosecution of those facts, cooperate with the State or an officer of the armed forces of that State.

  • 2 In the case of the cooperation referred to in the preceding paragraph, the officials referred to in that paragraph shall be entitled to all acts of the law in preparation for the prosecution and trial in cases, of which the Netherlands Judge takes note, taking into account the facts and conditions of the proceedings. Moreover, the provisions of the next article have been set out.


Article 3

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  • (1) If a suspect is not subject to the jurisdiction of the State of origin, or if the jurisdiction of that State is primacy, or the Netherlands State pursuant to Article VII (3) (b) of the C of the Treaty, which has decided not to exercise jurisdiction, he shall, if he is in judgment or held by the Dutch authorities, shall be sent as soon as possible to the military authorities of the European Union. State of origin surrendered.

  • 2 If a suspect is claiming that he is not the wanted person, or is not subject to the jurisdiction of the foreign State as defined in the preceding paragraph, he shall be led immediately before the Judge Commissioner; decide upon hearing of the defendant on the appeal, unless he is of the opinion that the accused is not subject to the jurisdiction of the State of origin. In that case, he shall deliver an opinion to our Minister of Justice. The latter shall decide as soon as possible on the appeal and shall immediately forward this decision to the Judge Commissioner.

  • 3 If the suspect, who is based on the particular Article 2 in judgment being taken or held in accordance with the preceding paragraph, he shall be refused, if not within four days of his/her appeal by our Minister of Justice, the Judge-Commissioner of the Court of Justice. has been taken over by the military authorities of the State of origin, without delay, in order to enable it to do so.

  • 4 If such a suspect has not brought an action as referred to in paragraph 2 of this Article, he shall, if the military authorities of the State of origin do not comply with him within four days from the beginning of the judgment as above, It has been taken over without delay.


Article 4

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Our Minister of Justice shall take the decisions and make the requests referred to in Article VII (3) (b). C of the Convention, approved by this Act, unless the decision or application relates to persons subject to the jurisdiction of the Dutch Military Judge.

In the latter case, the decision is taken or the request was made by our Minister of War, who is our Minister of the Navy, after consulting our Minister of Justice.


Article 5

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Goods seized at the request of the authorities of the State of origin shall be surrendered by the D.A. only on condition that they shall not exceed six months within a period of time to be determined by him. They shall be devolved to him. After this transfer, the officer acts with these goods as in the Dutch Law in respect of confiscated, but not forfeited, goods declared.


Article 6

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In the case of the authorities of a State of origin in accordance with paragraph 7 (2), B of Article VII of the Convention, which is approved by this Law, to request assistance in the enforcement of a custodial sentence imposed by the judicial authorities of that State, the Minister of Justice may, as a matter of fact, enforce such a penalty. laying down, either on the manner of imprisonment, or on the manner of custody or of military detention.


Article 7

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  • 1 If and to the extent that it is subject to any form of taxation in the Kingdom of Europe depending on the possession of a residence in or of residence of the Kingdom in Europe, the periods, during which a member of a Dutch armed forces or of a Dutch civil service shall not be considered as periods of military or civil service outside the territory of the Kingdom of Europe solely by virtue of his or her capacity as members of such a military or civil service. residence or possession of residence outside the territory of the Kingdom of Europe, nor any change in the territory of the European Union of place of residence or of residence.

  • 2 The expressions 'armed forces' and 'civil service' shall have the meaning in the first paragraph of this Article, as defined in Article I of the Treaty adopted by this Act.


Article 8

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This law shall enter into force with effect from the day following that of the resedate.

Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.

Given at Paleize Soestdijk, 7 August 1953

JULIANA.

The Minister of War,

C. STAF.

The Minister of the Navy,

C. STAF.

The Minister for Foreign Affairs, a.i.,

J. LUNS.

The Minister of Finance,

FROM THE KIEFT.

The Minister of Justice, a.i.,

BEEL.

The Minister for Social Affairs and Health,

J. G. SUURHOFF.

The Minister of Transport and Water,

J. ALGERA.

Issued the 8th September 1953.

The Minister of Justice,

L. A. DARK.