The ‘post-release' phase of atrocity crime cases in the Netherlands

This chapter maps the different scenarios that (may) unfold when criminal proceedings against a suspect of atrocity or international crimes conclude, after acquittal or completion of a sentence, taking the Dutch ‘No Safe Haven policy' as a case study. Special attention will be attributed to ‘migrant suspects' – non-citizens and naturalised or dual Dutch citizens – and the special position of the Netherlands as host of the International Criminal Court and other international tribunals. The chapter is based on an analysis of academic literature, legislation and case law, policy documents, and media reports. We argue that while the Dutch No Safe Haven policy – which we propose consists of a four-pillar model covering criminal law, extradition law, immigration/refugee law, and nationality law – has the potential to reduce impunity for international crimes, it likely results in undesirable, unremovable, and unaccounted for individuals in the Netherlands and beyond.