Alinea 189 Parket bij de Hoge Raad 26 juni 2018

365. As noted by the Court of Appeal, once the legislature has established jurisdiction by declaring Dutch criminal law to be applicable to an offence, this applicability is not, in principle, limited by the law of a foreign state. If this were otherwise, the sovereignty of the Dutch state would be seriously and unacceptably jeopardised. Article 8d of the Criminal Code provides that once jurisdiction has been established, it may be limited only by ‘the exceptions recognised in international law’. This provision does not give the courts the power – notwithstanding the prohibition under article 94 of the Constitution on assessing whether statutory regulations are in conformity with unwritten international law – to assess whether Dutch rules on jurisdiction are in conformity with customary international law in the broadest sense, but amounts to ‘no more than a statutory recognition of immunity from jurisdiction derived from international law.’ In the light of these two provisions, the Dutch courts have only a modest role in determining how the Dutch legislature has established jurisdiction.

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