Key provisions of the International Crimes Act 2003

Abstract

This article explores the key provisions of the International Crimes Act 2003 (ICA 2003). The Act covers the most serious crimes under international law which regard gross human rights violations and violations of international humanitarian law. It penalizes crimes against humanity beyond those committed in the context of World War II and meticulously describes war crimes, whereas the previous Wartime Offences Act 1952 simply referred to ‘violations of the laws and customs of war’. Universal jurisdiction is established over the crimes covered by the ICA 2003 including genocide and torture, the latter as defined by the 1984 UN Convention against Torture.

The ICA 2003 carefully followed the Rome Statute as far as the definition of the crimes is concerned. The definition of genocide for example excludes social and political groups. In addition, the Act follows the distinction drawn in the Rome Statute between war crimes committed in an international armed conflict and those committed in armed conflicts not of an international character, enumerating significantly less acts as specific crimes in the latter situation. As far as immunities are concerned, the Act copies the essence of the ICJ Judgment in the Yerodia case without the legislature explaining what ‘as long as they are in office’ should mean. The ICA 2003 restricts the application of universal jurisdiction to suspects who are present in the Netherlands at the time of their arrest, limiting the possible contribution by the Netherlands' authorities to the fight against impunity of crimes under international law.