Alinea 208 Rechtbank 's-Gravenhage 24 juli 2007

82. The examining magistrate decided, as cited above (see paragraph 10) that the Netherlands has no jurisdiction to prosecute and try an Accused with respect to genocide, because this Accused is not included in the Completion Strategy of the Rwanda Tribunal. The examining magistrate did decide that the Charter in conjunction with the Statute and Resolution 1503 (2003) could be considered a legal authority. In this, the Court does not follow her. Resolutions 1503 (2003) and 1534 (2004) instruct the Rwanda Tribunal to complete its activities at the utmost in 2010 and, therefore, where it concerns Accused of 'intermediate- and lower-rank', to hand these accused over to the States which are competent to try these cases. As a consequence of these Resolutions the President of the Rwanda Tribunal and the Prosecutor set up a Completion Strategy. The Resolutions concerned request the Member States to take over from the Rwanda Tribunal criminal proceedings, but there is no obligation. Such an obligation can also not be derived from the Completion Strategy. The Completion Strategy is a mere report to the Security Council on the progress of the Rwanda Tribunal concerning the methods and the speed in which the Tribunal is working to the completion of its activities in 2010. The Resolutions concerned do not contain explicit agreements with respect to the transfer of criminal prosecution and no arrangements with respect to the cases where a take over is possible. Also the Resolutions - read in conjunction with the Charter and the Statute of the Rwanda Tribunal - , therefore, do not offer the authority as required by Article 4a Penal Code (see above in paragraph 65).

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