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Netherlands: Special Tribunal for Alleged Kosovo War Crimes

(Jan. 27, 2016) The Government of the Netherlands announced on January 15, 2016, that it will establish a special court in The Hague to “try serious crimes allegedly committed in 1999-2000 by members of the Kosovo Liberation Army [KLA] against ethnic minorities and political opponents” in the aftermath of the Kosovo War of 1998-1999 between […]

Netherlands: New Regulation on Late-Term Abortions and Terminations of Lives of Neonates

(Jan. 15, 2016) The Dutch Ministry of Health, Welfare and Sport and the Ministry of Security and Justice have prepared a new regulation clarifying the due care criteria and medical and legal considerations to be taken into account in performing late-term abortions and the euthanasia of neonates experiencing unbearable suffering and who have no prospect of improvement. The new norm also provides […]

Netherlands: Tougher Penalties for Acts Involving Human Smuggling Proposed

(Nov. 7, 2015) The Dutch Ministry of Security and Justice has introduced legislation to tighten penalties against human smugglers. According to the Ministry, the aim of the measures, which would lengthen the applicable prison terms, “is to combat the degrading activities of these offenders more effectively” and “to do greater justice to the gravity of […]

Netherlands: Tax Investigators to Use IMSI Catchers to Track Smartphones, Without Advance Police Permission

(Aug. 25, 2015) The Dutch Minister of Economic Affairs, Henk Kamp, announced on August 17, 2015, that the Fiscal Intelligence and Investigation Service (Fiscale inlichtingen- en opsporingsdienst, FIOD), a special investigatory unit under the country’s Tax and Customs Administration, will have the authority “to track and tap smartphones and tablets, including pre-paid … .” (Tax […]

Netherlands: Legislation on Compensation for Emotional Distress

(July 29, 2015) The Netherlands Minister for Security and Justice has submitted draft legislation to the Dutch House of Representatives (Tweede Kamer) to provide for compensation for emotional distress arising from serious accidents and crimes. The proposed law would compensate the next of kin of victims who have died, and the dependents of victims who […]

Netherlands: Coordination of European Campaign Against Child Sex Tourism

(July 2, 2015) The Ministry of Security and Justice of the Netherlands reported on June 24, 2015, that it will take the lead, with the Dutch member of the anti-child exploitation organization ECPAT International, in coordinating a new European campaign against child sex tourism. (The Netherlands Coordinates the European Campaign Against Child Sex Tourism, Dutch […]

Netherlands: Precedent Set in Case of Son-Assisted Suicide

(June 17, 2015) On May 13, 2015, a Dutch appeals court in Arnhem cleared Albert Heringa of all criminal responsibility in assisting his 99-year-old mother to commit suicide in 2008. Although doctor-assisted suicide has been legal in the Netherlands since 2002, the case purportedly sought to create a precedent because suicide assisted by a friend […]

Netherlands: Explosives Precursors Legislation

(Apr. 9, 2015) The Council of Ministers (Cabinet) of the Netherlands has approved draft legislation to adopt into Dutch law a European Union regulation limiting marketing and use of explosives precursors. (Limits on the Sale of Substances for Explosives, Ministry of Security and Justice website (Apr. 2, 2015); Regulation (EU) No. 98/2013 of the European […]

Netherlands; Norway: Dutch Prisoners Sue Unsuccessfully to Prevent Transfer of Norwegian Convicts to Luxury Cells

(Mar. 30, 2015) A Dutch court ruled on March 6, 2015, that long-term prisoners, serving ten years to life imprisonment, who currently live in “luxury cells” in Norgerhaven Prison must give up them up to make way for Norwegian convicts who are to be transferred to the facility based on an agreement reached between The […]

Netherlands: Court Strikes Down Data Retention Law

(Mar. 23, 2015) On March 11, 2015, the district court of The Hague in the Netherlands struck down the country’s 2009 Telecommunications Data Retention Act (TDRA), which requires telephone and Internet service providers to save the traffic and location data of their users for 12 months. The court ruled that the Act violates the right […]