Alinea 108 Rechtbank 's-Gravenhage 24 juli 2007

37. In this respect it is important to note the decision of the Dutch Supreme Court in the case of the December Murders of 18 September 2001 (LJN 1472, Dutch Case Law 2002, 559 annotation: JR. In this judgement, the Supreme Court refers to the extensive exchange of opinions in the House of Parliament during the constitutional revision of 1983 that confirmed that international customary law is binding for the Dutch legal order. The Supreme Court, however, also considers that the constitutional legislature did not accept the application of international customary law if this application was in conflict with the national legal regulations. In the case at hand dealt with by the Supreme Court, the above led to the consideration that unwritten customary international law could not exclude the application of the prohibition of granting retroactive effect to penalisation ex Article 16 Constitution and Article 1, sub 1, Penal Code (see grounds 4.1 up to and including 4.8). Moreover, in this judgement the Supreme Court held that a court is not free to exclude regulations on national jurisdiction from application because of conflict with unwritten customary international law (see grounds 6.1. up to and including 6.4).

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