Onder 2 Rechtbank Den Haag 16 juli 2014

4.148. Under Section 93 of the Grondwet (Gw) [= Constitution] provisions of treaties and decisions of international law organisations may be legally binding on all as to their substance with legally binding powers coming into effect after they are published. For a provision of a treaty or a decision of an international law organisation to become qualified as ‘binding on all’ it must be eligible for immediate applicability in cases submitted to a court of law. It must be a provision that is sufficiently precise as to the right it confers or the obligation it imposes on subjects so that in the national system of laws they can operate without question as objective law. On other forms of international law namely those whose provisions in the form of treaties and international decisions are not binding on all as well as the totality of the international law of custom whether or not characterised by ius cogens Section 93 Gw does not apply. Said right remains in effect within the system of laws of The Netherlands by means of application of national law for example through the law governing the unlawful act.

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