Alinea 198 Rechtbank 's-Gravenhage 24 juli 2007

Therefore the legislature here stated as a condition that enforcement can only take place pursuant to a treaty as is the case in the transfer of prosecution (Article 4a Penal Code). The legislature realised this in the conclusion of the Implementation Act of the Yugoslavia Tribunal. This act contains an arrangement with respect to the enforcement by the Netherlands of the sentences by this tribunal (Articles 11 up to and including 14). Under the stipulations of the Act of enforcement of judgements, which are declared to be equally applicable, does not belong the provision contained in Article 2 quoted above. In other words, the authority on the basis of a treaty is explicitly declared non-applicable by the legislature. Enforcement of foreign sentences by the Netherlands therefore is only possible pursuant to a treaty or a stipulation in a special Act, such as the Implement Act Yugoslavia Tribunal. The same goes for the take over of prosecution by the Netherlands. Indeed, the transfer of prosecution and the execution of foreign sentences are not compulsory methods of co-operation and concerning both methods of co-operation, Dutch legislation sets as a condition that there must be a treaty governing this co-operation.

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