Alinea 210 Parket bij de Hoge Raad 26 juni 2018

373. Given the frequently political nature of amnesty and the justifications given for it, the conclusion that a foreign amnesty does not, in principle, prevent prosecution in the Netherlands seems perfectly reasonable. Notwithstanding the previous findings, amnesty arrangements can be an effective instrument in resolving international conflicts. In theory, therefore, a situation could arise in which the prospect of a prosecution in the Netherlands could jeopardise the peace process in a foreign state to such an extent that the importance of achieving peace must take priority over the exercise of the right of prosecution. However, this is a political decision and does not fall within the remit of a criminal court. Although an amnesty does not in itself affect the right of the Public Prosecution Service to bring a prosecution, the legislature is, in principle, free to pass an amnesty law relating to offences committed abroad. The public prosecutor may also take a foreign amnesty scheme into account when deciding whether or not to refrain from prosecuting, either at the direction of the Minister of Justice or otherwise.

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