The “Kouwenhoven” Case

Title: The “Kouwenhoven” Case

Description:

431 War and armed conflict — War crimes — Foreign amnesty laws — Scope — Effect of foreign amnesties on prosecution under Dutch law — War crimes committed in Second Liberian Civil War — Aiding and abetting commission of war crimes International criminal law — Liberian amnesty scheme — Whether amnesty precluding prosecution before Dutch courts — Institution of Transitional Government and conclusion of Comprehensive Peace Agreement — Passing of Truth and Reconciliation Commission Act — Whether amnesty law applicable after conclusion of Comprehensive Peace Agreement and passing of Truth and Reconciliation Commission Act — Whether foreign amnesties limiting scope of Dutch criminal jurisdiction — Double criminality as requirement to prosecute war crimes committed abroad — Whether foreign amnesty removing double criminality — Double criminality assessed at time of commission of offence — Amnesty taking place after time of commission of offence — Consequences of recognition of foreign amnesties on sovereignty of Dutch State — Whether other grounds of immunity from prosecution applying — Whether Liberian amnesty could be equated with acquittal, discharge from prosecution on point of law, judicial pardon or conviction followed by full execution of penalty, pardon or debarring of execution of penalty due to expiry of limitation period — Whether defendant having legitimate expectation not to be prosecuted — Lack of promise by Public Prosecution Service Jurisdiction — Criminal law — War crimes — Jurisdiction of Dutch courts — Whether foreign amnesties limiting scope of Dutch criminal jurisdiction — Consequences of recognition of foreign amnesties on sovereignty of Dutch State — Limitation of jurisdiction by exceptions recognized in international law — Whether amnesty such an exception — Whether immunity from prosecution applying — The law of the Netherlands.