International Criminal Law: What it is and when does it apply to you?
International criminal law is a legal field that deals with criminal cooperation between states. In a world where people increasingly cross borders for work, holidays, or family visits, the number of criminal cases with an international character is also rising. To effectively combat this cross-border crime, cooperation between countries is essential. International criminal law therefore includes not only the criminalization of certain behaviors, but especially the rules on how countries cooperate in the investigation, prosecution, and execution of sentences.
This cooperation takes place within the European Union – via regulations, directives, and decisions – but also on the basis of international treaties between two or more states. Furthermore, the influence of international criminal law extends into national legislation. As an EU member state, the Netherlands is obliged to align its legislation with European law. International agreements therefore have direct consequences for how criminal cases are handled in the Netherlands.
When do you encounter international criminal law?
You may come into contact with international criminal law if you, as a Dutch citizen, commit a criminal offense abroad, or as a foreigner in the Netherlands. There are various situations in which this becomes relevant.
The European Arrest Warrant (EAW)
One of the best-known instruments within international criminal law is the European Arrest Warrant. This is a judicial order issued by an EU member state to arrest and surrender someone in another member state. Suppose you are suspected of a crime in Poland. In that case, Poland can send an EAW to the Netherlands, after which you are arrested here and potentially surrendered to be prosecuted in Poland or to serve a sentence. This applies regardless of your nationality: what matters is that the criminal offense was committed in one member state and you are located in another.
Extradition and surrender
When you are arrested in the Netherlands based on an EAW or a request from a non-EU country, you can be surrendered or extradited. Surrender concerns cooperation within the EU; extradition concerns requests from countries outside the EU. After arrest, you are placed in surrender detention. You can then choose between a shortened or normal procedure. In the normal procedure, a hearing takes place within 90 days at the International Legal Assistance Chamber (IRK) of the Amsterdam District Court. In the shortened procedure, you are usually surrendered within 20 days, with a more limited review.
Important safeguards apply. For example, after surrender, you may not simply be prosecuted for facts other than those mentioned in the EAW (the specialty principle). Also, detention in the receiving country must comply with European standards. If you have Dutch nationality or have resided in the Netherlands for five years or longer, a return guarantee is usually issued. This means that you are allowed to serve the imposed sentence in the Netherlands.
Transfer of sentences
Even if you have already been convicted and are serving a sentence in the Netherlands, you may encounter international criminal law. In some cases, the further execution of your sentence can take place in another country. This is called a transfer of sentence. Such a transfer can be requested by the Netherlands, by the other country, or by yourself.
Transfer of a sentence is only possible if there is a sufficient connection with the country to which you would be transferred. That connection can be demonstrated by nationality, a permanent place of residence, or family ties. In addition, the remaining part of your sentence must be long enough to make a transfer meaningful. You can object to the public prosecutor’s intention to transfer your sentence within fourteen days. This objection is handled by a special chamber of the Arnhem-Leeuwarden Court of Appeal.
In some cases, your sentence can be interrupted if you do not have lawful residence in the Netherlands and promise to leave the country. A criminal defense lawyer can also assist you in this procedure.
Why engage a lawyer for international criminal law?
International criminal law is a complex legal field that touches upon both Dutch criminal law and foreign legal systems. When a state wishes to exercise a power based on international agreements, it is not always easy to assess whether this is happening correctly from a legal perspective. Surrender or transfer of a sentence can have major consequences, for example, for the way your sentence is executed or for your rights to conditional release.
A criminal defense lawyer with specialist knowledge of international criminal law can guide you throughout the entire process. Whether you are the subject of a European Arrest Warrant, an extradition request, or a transfer of sentence, legal assistance is crucial to protect your rights and make the right choices.
Are you dealing with a criminal case with an international aspect? Then contact our office immediately for expert advice and legal support.
