Law of 21 April 1994, laying down provisions relating to the establishment of the International Criminal Tribunal for the prosecution of persons responsible for serious violations of international humanitarian law, committed in the territory of of the former Yugoslavia since 1991
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All who will see or hear these reading, saluut! to know:
As we have considered, it is necessary to make some legal provisions to implement Resolution 827 of the United Nations Security Council of 25 May 1993, acting in accordance with Chapter VII of the Charter of the United Nations, and the Statute for an International Tribunal for the Prosecutions of Persons, Accepted by that Resolution liable for serious violations of international humanitarian law, committed in the territory of the former Yugoslavia since 1991 (Trb. 1993, 168);
It is, that we, the Council of State Having been heard, and having general consultations of the States-General, shall have understood and understand the same as We approve and understand the following:
1 For the purposes of this Act, the following definitions shall apply:
Tribunal: the International Criminal Tribunal for the Prosecution of Persons for serious violations of the international law humanitarian law, committed in the territory of the former Yugoslavia since 1991, set up by United Nations Security Council Resolution 827 of 25 May 1993, including the Public Prosecutor of the Tribunal; class="al"> Statute: The Statute of the Tribunal, included in the Annex to United Nations Security Council Resolution 827 of 25 May 1993;
surrender: the posting of a person by the Netherlands to the Tribunal for a criminal investigation directed against him by the Tribunal;
transit: the escorted transport into the Netherlands territory of a person for the purpose of making his posting by a foreign State to the Tribunal, or by the Tribunal to a foreign State;
Our Minister: Our Minister of Justice.
2 For the Application This law includes:
Dutch territory: the territory of the public entities Bonaire, Sint Eustatius and Saba;
Dutch law: a law that is effective in the public bodies Bonaire, Sint Eustatius and Saba;
in the Netherlands: in the public bodies Bonaire, Sint Eustatius and Saba.
Persons can be handed over to the Tribunal for prosecution and trial at the request of the Tribunal for the purpose of criminal offences under the jurisdiction of the Tribunal for taking note of the offence.
1 At the request of the Tribunal, persons whose arrest has been ordered as a suspect by the Tribunal and found to be present in the Netherlands may be held provisionally.
2 Any officer of the judiciary and auxiliary officer is authorized to recommend the provisional arrest.
3 It is defined in the Articles 14, second to fifth paragraph, 15, 16, first member, (a), 16a , and 17 of the rendition Act is applicable mutatis mutandis, with the condition that the arrested person be used as soon as possible for the D.A. led. For the purposes of applying Article 16a, the Court of Justice shall be replaced by the Public Prosecutor at the 's-Gravenhage' Arrondissementsparket, in Amsterdam.
1 To take the pending request of the request Tribunal for surrender is the court of The Hague with exclusive jurisdiction.
2 The articles 21 to 27 and 28, first member, of the Extradition Act shall apply mutatis mutandis. For application of Article 22a , instead of "district attorney at the Amsterdam district", read: the district attorney at the office of the arrondissementsparket Den Haag.
3 Court is the court which is to judge the question of the susceptibility of acceptance of the request of the Tribunal that it cannot be established in respect of the person who has been accompanied that it is the person whose surrender has been requested, or that the surrender has been requested on the matter of criminal offences of which the Tribunal is required under its Staff Regulations; or It appears that it is not competent to take note, that it declares that surrender is inadmissible in its judgment.
4 In other than the third paragraph the court shall declare the surrender admissible on the date of its ruling. The pronunciation is immediately enforceable.
5 The articles 29, First sentence, and second member, 32, 33, first and second member, 36, 41 to 47 -with the exception of the reference in article 47, third member, to article 552d, second member, of the Code of Criminal Procedure -and 52 to 60 of the rendition Act shall apply mutatis mutandis. For the purposes of applying the second sentence of Article 41, the second sentence of the extradition law is replaced by 'the prosecutor at the Amsterdam district court': the prosecutor of the district court of the Netherlands, where the Hague.
After acceptance of the request for surrender, the person to be delivered shall be at the order of the Tribunal ed. A custodial sentence ordered in accordance with Article 27 of the Extradition Act may be continued until then.
People who are located in the Netherlands and whose joint presentation is ordered by the Tribunal as a witness or expert may be be held and placed at the disposal of the Tribunal.
1 Transit of persons who are to be surrendered to the Tribunal by the authorities of a foreign State, shall be commissioned by Our Minister by and under the supervision of the Netherlands. Officials.
2 Transit of persons acting as witnesses or experts to execute an order to submit the Tribunal by the A foreign State authorities have been transferred to the Netherlands under the supervision of Dutch officials and under the supervision of Dutch officials.
3 The transport outside the premises of persons who are deprived of their liberty in the Netherlands under the authority of the Tribunaal shall be executed at the request of the Tribunal by the Office of Our Minister by and under the supervision of Dutch officials.
Police information within the meaning of the first paragraph, part a, of the Police Data Act can also be submitted to the Public Prosecutor at the Tribunal without a request to that effect if this is the proper performance of its task is necessary. The provision is made by the intervention of one or more national police units.
1 To requests from the Tribunal for any form of legal assistance, addressed to an organ of justice or police in the Netherlands, whether or not specifically referred to in particular, shall as far as possible be the required result given.
2 The articles 552i, 552j, 552n, 552o to 552q -excluding the reference in article 552p, fourth member, to article 552d, second paragraph -of the Code of Criminal Procedure and Article 51, first and fourth paragraph, of the Extradition law shall be of equivalent application.
3 Representatives of the Tribunal shall be authorised, on request, in the execution of applications, as referred to in the first paragraph; to be present and to make the necessary questions to persons involved in such execution.
4 The execution of requests for assistance The Dutch authorities responsible for the safety of the persons concerned are responsible for ensuring that they have the right to impose conditions on the manner in which requests for legal assistance are implemented. given.
1 Without prejudice to Article 7, second paragraph, may testify to any witnesses or experts, of any nationality, who, having regard to a summons or summons of the Tribunal or as a result of a request to bring the Tribunal, to the Netherlands, may testify shall not be prosecuted, detained in the Netherlands, arrested or subject to any other restriction on freedom for acts or convictions which preceded their arrival in the Netherlands.
2 The immunity referred to in the first member expires if the witness or expert, although he is no longer present for 15 consecutive days after the time when his presence is no longer required by the Tribunal, had the possibility to leave the Netherlands, but remained in the Netherlands or returned to the Netherlands after having left the Netherlands.
1 At the request of the Tribunal, it may be Tribunal on irrevocable judgment imposed custodial sentences in the Netherlands will be enforced.
2 At the request of the Tribunal, The sentence is suspended for the time being.
3 The D.A. " S-Gravenhage is responsible for the provisional arrest. to command. If the person being claimed is in the public bodies of Bonaire, Sint Eustatius and Saba, the provisional detention of the person claimed may also be ordered by the prosecutor of the prosecutor of the State Department.
4 The articles 9, second to fifth paragraph, 10, 11, 1st member, and second member, point a, and 12 of the Enforcement Enforcement Enforcement Enforcement Act are applicable mutatis mutandis.
5 At the request of the Tribunal, by irrevocable judgment, the Tribunal may order the refund as referred to in Article 24, third paragraph, of the Staff Regulations are being implemented in the Netherlands. The articles 13, 13a, 13b , and 13d through 13f -with the exception of theverwijzingArticle 13d, second paragraphreference, to article 552d, second member, of the Code of Criminal Procedure -of the Enforcement Enforcement Act Enforcement Act are of corresponding application.
1 To take the pending request of requests from The Court of Justice shall be responsible for the exclusion of the Court of Justice of the European Union. Case is being handled by the multiple room.
2 The Articles 18, first paragraph, 19 , and 24 to 29 of the Act of Enforcement of Penalties Enforcement Judgments are of corresponding application.
3 Unless the court finds that balancing all the interests involved makes a decision to implement The Netherlands, in reasonable terms, cannot be taken, it declares that it is permissible to implement it, specifying the relevant legal provisions. The Articles 30, third paragraph, second sentence, and fourth and fifth members, 31 , and 31a of the Enforcement Enforcement Enforcement Enforcement Act are applicable mutatis mutandis. The court ruling is immediately enforceable.
4 In no case is the court authorized to impose a sentence of longer duration than by the Tribunal has been determined.
1 The further implementation of a by the Tribunal imposed custodial sentence of which the implementation by application of Articles 11 and 12 takes place in the Netherlands may be transferred to a foreign State. Articles 51 to 53, 56, 57 and 59 of the Act implementing criminal judgments shall apply mutatis mutandis.
2 Before concerning the The Minister shall win the opinion of the Tribunal for the purpose of transferring the implementation under paragraph 1. If the Tribunal advises against the transfer, our Minister will take a dissenting order.
On petitions to reduce or Waivers of penalties by the Tribunal, the implementation of which takes place in the Netherlands under Articles 11 and 12 , are articles 2 to 7, 11 , and 12 of the Gration Law mutatis mutandis. Pardon is granted by the President of the Tribunal in accordance with Article 28 of the Statute.
Transit of persons affected by the Tribunale It is a matter of condemnation of and to whom an imposed prison sentence will be enforced in a foreign State, under the supervision of Dutch officials, by the Minister. These officials shall be empowered to take all appropriate measures to protect the persons concerned and to prevent their escape.
People who are required by the Staff Regulations Courts may not claim immunity from the jurisdiction of the Tribunal for the purposes of applying this law in respect of the jurisdiction of the Dutch courts and the courts of the European Union. practicality of his decisions.
The Dutch law does not apply to the release of liberty on a charge by the Tribunal to the Tribunal in Room for the Netherlands at its disposal.
This law will enter into force the day after the date of issuance of the Staatsblad in which it is placed.
Loads and orders that it will be placed in the State Sheet and that all ministries, authorities, colleges, and officials, who so concern, will hand over to the precise execution hold.
Given in The Hague, 21 April 1994
The Minister of Justice,
E. M. H. Hirsch Ballin
The Minister of Foreign Affairs,
P. H. KooijmansExposition the third May 1994
The Minister of Justice,
E. M. H. Hirsch Ballin