Key Benefits:
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 the European Union Former Yugoslavia since 1991
We Beatrix, 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:
Having considered that it is necessary to provide some legal provisions for the implementation of United Nations Security Council Resolution 827 of 25 May 1993, acting in accordance with Chapter VII of the United Nations Security Council (UNSC), the Charter of the United Nations, and the Statute of the International Tribunal for the Persecution of Persons, accepted by that Resolution, for serious violations of international humanitarian law, committed in the territory of of the former Yugoslavia since 1991 ( Trb. 1993, 168);
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:
1 For the purposes of this Act, the following definitions shall apply:
Tribunal: the International Criminal Tribunal for the Persecution of Persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, established by Resolution 827 of the United Nations Security Council of 25 May 1993, including the Public Prosecutor to the Tribunal;
Statute: the Statute of the Tribunal, annexed to United Nations Security Council Resolution 827 of 25 May 1993;
'surrender' means the posting of a person by the Netherlands to the Tribunal for a criminal investigation directed against him by the Tribunale;
transit: the escorted transport into the Netherlands territory of a person for the purpose of being made available by a foreign State to the Tribunal or by the Tribunal to a foreign State;
Our Minister: Our Minister of Justice.
2 For the purposes of this Act, the following definitions shall apply:
Dutch territory: the territory of the public bodies of Bonaire, Sint Eustatius and Saba,
Dutch law: a law of force in the public bodies of Bonaire, Sint Eustatius and Saba;
in the Netherlands: in the public bodies of Bonaire, Sint Eustatius and Saba.
At the request of the Tribunal, persons may be surrendered to the Tribunal for prosecution and trial in respect of criminal offences of which the Tribunal has jurisdiction under its Statute.
1 At the request of the Tribunale, persons whose arrest has been ordered by the Tribunal and found to be present in the Netherlands may be held provisionally.
2 Any officer of the judiciary and auxiliary officer shall be empowered to order the provisional arrest.
3 The provisions of the Articles 14 (2) to (5) , 15 , 16, first paragraph, point (a) , 16a and 17 of the extradition law shall apply mutatis mutandis, with the exception that the arrested person shall be led as soon as possible before the D.A. For the purposes of applying Article 16a, the Court of Justice shall be replaced by the Public Prosecutor at the 's-Gravenhage' arrondissementsparket for the purposes of applying Article 16a.
1 The court of the Hague shall be responsible for the exclusion of requests from the Tribunaal for surrender.
2 The Articles 21 to: 27 and 28, first paragraph, of the extradition law shall be applicable mutatis mutandis. For the application of Article 22a 'Prosecutor at the Amsterdam district court' shall be replaced by the 'Prosecutor': the district prosecutor of the district court of the Hague.
3 It must be the court which, on the question of the question of the application of the Tribunal, must decide whether it cannot be determined that the person in question is the person whose surrender has been requested; (c) either that the surrender has been requested in respect of offences which appear to have not been notified by the Tribunale as a result of its Statute, it shall, in its judgment, declare that the surrender is inadmissible.
In the case of cases other than those provided for in paragraph 3, the court shall declare the surrender admissible on the date of its ruling. The ruling will be enforceable in a moment.
5 The Articles 29 , 30, first sentence, and second member , 32 , 33, first and second members , 36 , 41 to 47 -with the exception of the reference in Article 47, third paragraph , to Article 552d, second paragraph, of the Code of Criminal Procedure -and 52 to 60 of the extradition law shall be applicable mutatis mutandis. For the purposes of applying the second sentence of Article 41 (5) of the extradition bill, 'district prosecutor' shall be replaced by 'Amsterdam': the district prosecutor of the district court of the Hague.
Upon acceptance of the request for surrender, the person to be delivered shall be placed at the disposal of the Tribunal. A corresponding Article 27 of the extradition law A detention order may be continued until then.
Persons who are in the Netherlands and whose joint presentation has been ordered by the Tribunal as a witness or expert may be arrested and placed at the disposal of the Gravenhage by the District Attorney.
1 Transit of persons who are to be surrendered to the Tribunal by the authorities of a foreign State, shall be carried out by the Minister and under the supervision of the Dutch officials.
2 Transit of persons who, as witnesses or experts, have been transferred to the Netherlands by the authorities of a foreign State for the purposes of implementing an order for the proceedings of the Tribunal shall be carried out under the instructions of our Minister by and among the members of the monitoring of Dutch officials.
3 The transport outside the premises of persons deprived of their liberty in the Netherlands under the authority of the Tribunale shall be carried out at the request of the Tribunal by the Tribunal by and under the jurisdiction of the Tribunal. monitoring of Dutch officials.
4 The officials referred to in this Article shall be empowered to take all appropriate measures to ensure the protection of the persons concerned and to prevent them from taking up their escape.
Police data in the sense of Article 1, first paragraph, part a, of the Law on police data may also be sent to the complainant's Public Prosecutor without a request for that purpose if this is necessary for the proper execution of his task. The provision shall be made through the intervention of one or more national police units.
1 As far as possible the requested action shall be given to requests of the Tribunal for any form of legal assistance addressed to an organ of the justice or police department in the Netherlands, whether or not in particular.
2 The Articles 552i , 552j , 552n , 552o to 552q -with the exception of the reference in Article 552p, fourth paragraph , to Article 552d, second paragraph -From the Code of Criminal Procedure and Article 51, first and fourth paragraph, of the extradition law shall be applicable mutatis mutandis.
3 representatives of the Tribunal shall be authorized, on request, to be present at present, as referred to in paragraph 1, and to make the necessary questions to persons concerned by such execution.
4 The Netherlands authorities responsible for the implementation of requests for legal assistance shall be responsible for the safety of the persons concerned and shall, to that end, lay down competent conditions for the manner in which applications are made to comply with the rules of procedure. Step-up execution is given.
1 Without prejudice to the provisions of Article 7, second paragraph , 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, cannot be prosecuted in the Netherlands, held or subject to any other restraining order for any facts or convictions that preceded their arrival in the Netherlands.
2 The immunity referred to in paragraph 1 shall be waived if the witness or expert, although he was no longer required by the Tribunal for 15 consecutive days from the time when his presence was no longer required, had the possibility to leave, but here too land has remained or has returned in the Netherlands after having left the country.
1 At the request of the Tribunal, custodial sentences may be imposed by the Tribunal in the Netherlands on irrevocable judgment.
(2) At the request of the Tribunal, the sentenced may be held for the time being.
3 The Public Prosecutor of the Hague shall have jurisdiction to order the provisional arrest. If the claimed person is in the public bodies of Bonaire, Sint Eustatius and Saba, the provisional detention of the claimed person may also be ordered by the Prosecutor of the Prosecutor of the Public Prosecutor ' s Office.
4 The Articles 9 (2) to (5) , 10 , 11, first paragraph and second paragraph, point (a) , and 12 of the Law Transfer Enforcement Sentencing shall be applicable mutatis mutandis.
5 At the request of the Tribunal, by an irrevocable decision, the Tribunal may order the refund as referred to in Article 4 (3) of the EC Treaty. Article 24, third paragraph, of the Staff Regulations are implemented in the Netherlands. The Articles 13 , 13a , 13b and 13d up to and including 13f -with the exception of the reference in Article 13d, second paragraph , to Article 552d, second paragraph, of the Code of Criminal Procedure -of the Law transfer enforcement of criminal judgments shall be applicable mutatis mutandis.
1 The court of the Hague shall be responsible for the exclusion of requests from the Tribunaal for its enforcement. The case is handled by the multiple room.
2 The Article 18, first paragraph , 19 and 24 to 29 of the Act of Transfer Enforcement Judgments shall be applicable mutatis mutandis.
3 Unless the court finds that an assessment of all the interests in question cannot be taken by reason of an enforcement decision in the Netherlands, it shall declare the enforcement admissible, specifying the applicable law. legal provisions. The Article 30, third paragraph, second sentence, and fourth and fifth members , 31 and 31a of the Law Enforcement Enforcement Judgments shall be applicable mutatis mutandis. The court's ruling will be enforceable in a moment.
4 In no case shall the court have jurisdiction to impose a sentence of longer duration than has been established by the Tribunal.
5 The Articles 33 , 60 to 66 and 68 of the Law Transfer Enforcement Criminal Judgments shall be applicable mutatis mutandis.
1 The further implementation of a custodial sentence imposed by the Tribunal for which enforcement shall apply. Articles 11 and 12 In the Netherlands, it may be transferred to a foreign State. Articles 51 to 53, 56, 57 and 59 of the Law Enforcement Judgments shall apply mutatis mutandis.
2 Before deciding on the transfer of enforcement as a result of the first paragraph, our Minister shall obtain the opinion of the Tribunal. If the Tribunal advises against the transfer, our Minister shall take a dissenting order.
Applications for reduction or remission of penalties by the Tribunal for which enforcement is subject to the application of the Articles 11 and 12 in the Netherlands, the Articles 2 Up to 7, 11 and 12 of the Gration Act applicable mutatis mutandis. A pardon shall be granted by the President of the Tribunal in accordance with Article 28 of the Statute.
The transit of persons who have been convicted by the Tribunal and who will be sentenced to imprisonment in a foreign State shall be ordered by our Minister by and under the supervision of Dutch officials. These officials shall be empowered to take all appropriate measures to ensure the protection of the persons concerned and to prevent them from taking up their escape.
Persons who, under the Statute of the Tribunal, are not entitled to immunity from the jurisdiction of the Tribunal may not, for the application of this Law, make such claim in respect of the jurisdiction of the Tribunal. of the Dutch court and the enforceability of his decisions.
The Netherlands law does not apply to freedom of liberty suffered at the expense of the Tribunal within the premises of the Tribunaal in the Netherlands.
This Act shall enter into force the day after the date of issuance of the State Sheet in which it is placed.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 21 April 1994
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
The Minister for Foreign Affairs,
P. H. Kooijmans
Published on 3 May 1994The Minister of Justice,
E. M. H. Hirsch Ballin
