War and neutrality — War in general — Enforcement of the laws of war — Punishment of war crimes and crimes against humanity — London Charter of International Military Tribunal, 1945, Article 6 (b) and (c) — Crimes against humanity — Definition — Dutch Decree establishing Extraordinary Penal Provisions 1943–71 — Dutch national accused of voluntarily participating in commission of war crimes by German SS in Poland
Jurisdiction — Personal — Over nationals for crimes committed abroad — Whether nationality of accused at time of commission of offences decisive — Statutory limitation of prosecution — Whether applicable — Relevance of possible illegalities in extradition procedure — The principle ne bis in idem
Human rights — Renewed criminal proceedings — Whether barred by ministerial undertaking to desist from prosecution given 24 years earlier — Due process — European Convention on Human Rights, 1950 — Article 6(1) — Right to hearing within a reasonable time “in determination of any criminal charge” — Right to independent and impartial tribunal — Relevance of possibility that judicial decisions might be influenced by Government report — Purpose of punishment — Whether length of time since offence committed relevant in determining appropriate sentence — Advanced age and fragile health of accused — Whether sentence to 10 years' imprisonment violates Article 3 of Convention — The law of the Netherlands
