Alinea 145 Rechtbank 's-Gravenhage 24 juli 2007

57. The Court notes that the Council of State [in the Netherlands] in its opinion with the bill of adaptation of the Penal Code, the Code on Criminal Procedure and a number of other Acts to the Implementation Act International Criminal Court (Parliamentary Documents II, 2001-2002, 28 099A), raised the question of whether Article 4a, subsection 1, Penal Code should be supplemented by the concept of 'an international court'. This bill provides for an adaptation of Article 5 Penal Code in the view of the obligation for the Netherlands laid down in the Statute of the International Criminal Court to extend the effect of criminal legislation to criminal offences against the International Criminal Court's administration of justice (Article 70, subsection 4 Statute). In its advice the Council of State proposed the extension of jurisdiction by way of Article 4a Penal Code and, by doing so, establishing indirect jurisdiction for the cases in which the International Criminal Court does not want to adjudicate the crimes itself, but prefers to leave the Dutch authorities with this task. Apparently, the Council of State took in account the fact that Article 4a concerns the take over of criminal proceedings from States and not from international tribunals. The legislature, however, chose for the establishment of direct jurisdiction with respect to the nature of the criminal acts mentioned above, as a consequence of which, in the subject of supplementation of Article 4a Penal Code in the sense as suggested by the Council of State, did not surface in the process of drafting. However, there are no indications suggesting serious opposition against such a supplement.

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