Spans in 'Netherlands: International Crimes Act' tagged with 'Extradition'

'Extradition' in document 'Netherlands: International Crimes Act'

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More information about the document 'Netherlands: International Crimes Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 4. General provisions of criminal law and criminal procedure
Section 12
The crimes defined in this Act shall be deemed not to be offences of a political nature for the purposes of the Extradition Act (Uitleveringswet) or the Surrender of War Crime Suspects Act (Wet overlevering inzake oorlogsmisdrijven).

RELEVANT ROME STATUTE PROVISIONS

Article 102
Use of terms
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.
(b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.

ANALYSIS

This provision follows the ICC Statute.

Section 11(2) of the ICC Implementation Act 2002 specifically states that the Extradition Act is not applicable in relation to the surrender of persons to the ICC. Section 12 of the ICC Implementation Act 2002 also stresses that international crimes cannot be considered offences of a political nature for extradition purposes.