Alinea 149 Rechtbank 's-Gravenhage 24 juli 2007

59. The foregoing brings the Court to the following. Granting of jurisdiction to international tribunals is a recent development of law in which - except for the period directly following World War II - the exclusive right to adjudicate these crimes by States has given way to concurrent jurisdiction has given way to concurrent jurisdiction, where the primacy on prosecution, dependent of the characteristics of the international tribunals, lies within either the state or the international tribunal. The Dutch authorities co-operate with these international tribunals and provide for various forms of co-operation in criminal matters. At the beginning the Rwanda Tribunal led emphasis on the adjudication of cases by the Tribunal itself, this is not longer the case however as a consequence of the decision taken by the Security Council to complete the Rwanda Tribunal's activities within a relative short period of time. The UN Member-States are now called upon to take over the trial of the Accused from the Tribunal. The fact that Article 4a Penal Code only mentions foreign States from which prosecution can be taken over does not prevent, according to the Court, that the Netherlands agrees to such requests from the Tribunal. For several years the Netherlands has been co-operating with the Tribunals as if they were foreign States. A reasonable explanation of the law brings with it that the Rwanda Tribunal for the application of the issue stated in Article 4a Penal Code can be equated with a 'foreign State'. This follows logically from the legislature's continuous line and does not require a further political choice of legal schemes.

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