Refugee Exclusion and Extradition in the Netherlands: Rwanda as Precedent?

Research output: Contribution to JournalArticleAcademicpeer-review

Abstract

Extradition of individuals excluded underArticle 1(F) of the Refugee Convention has recently emerged as an attractive alternative to prosecution on the basis of universal jurisdiction. The government of the Netherlands aims to support measures to strengthen judicial systems abroad in order to facilitate the extradition of international crimes suspects. An analysis of measures enabling extradition of alleged génocidaires from European states to Rwanda, however, indicates a similar process is unlikely to occur regarding the remaining population of Article 1(F) excluded individuals residing in the Netherlands. Most countries of origin lack the political will and capacity to locate and domestically prosecute such alleged perpetrators. If extradition requests are submitted, challenges with regard to extradition law and human rights requirements remain.
Original languageEnglish
Pages (from-to)1115-1140
JournalJournal of International Criminal Justice
Volume12
Issue number5
Early online date26 Nov 2014
DOIs
Publication statusPublished - 2015

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extradition
Rwanda
refugee
Netherlands
exclusion
country of origin
prosecution
jurisdiction
human rights
offense
Law
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Cite this

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title = "Refugee Exclusion and Extradition in the Netherlands: Rwanda as Precedent?",
abstract = "Extradition of individuals excluded underArticle 1(F) of the Refugee Convention has recently emerged as an attractive alternative to prosecution on the basis of universal jurisdiction. The government of the Netherlands aims to support measures to strengthen judicial systems abroad in order to facilitate the extradition of international crimes suspects. An analysis of measures enabling extradition of alleged g{\'e}nocidaires from European states to Rwanda, however, indicates a similar process is unlikely to occur regarding the remaining population of Article 1(F) excluded individuals residing in the Netherlands. Most countries of origin lack the political will and capacity to locate and domestically prosecute such alleged perpetrators. If extradition requests are submitted, challenges with regard to extradition law and human rights requirements remain.",
author = "M.P. Bolhuis and L.P. Middelkoop and {van Wijk}, J.",
year = "2015",
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language = "English",
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journal = "Journal of International Criminal Justice",
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Refugee Exclusion and Extradition in the Netherlands: Rwanda as Precedent? / Bolhuis, M.P.; Middelkoop, L.P.; van Wijk, J.

In: Journal of International Criminal Justice, Vol. 12, No. 5, 2015, p. 1115-1140.

Research output: Contribution to JournalArticleAcademicpeer-review

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T1 - Refugee Exclusion and Extradition in the Netherlands: Rwanda as Precedent?

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AU - Middelkoop, L.P.

AU - van Wijk, J.

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AB - Extradition of individuals excluded underArticle 1(F) of the Refugee Convention has recently emerged as an attractive alternative to prosecution on the basis of universal jurisdiction. The government of the Netherlands aims to support measures to strengthen judicial systems abroad in order to facilitate the extradition of international crimes suspects. An analysis of measures enabling extradition of alleged génocidaires from European states to Rwanda, however, indicates a similar process is unlikely to occur regarding the remaining population of Article 1(F) excluded individuals residing in the Netherlands. Most countries of origin lack the political will and capacity to locate and domestically prosecute such alleged perpetrators. If extradition requests are submitted, challenges with regard to extradition law and human rights requirements remain.

U2 - 10.1093/jicj/mqu064

DO - 10.1093/jicj/mqu064

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