Judgment of the The Hague District Court in the Case of Public Prosecutor's Office number 09/750009-06 and 09/750007-07
Interlocutory decision. The accused is on trial because of his involvement in a number of serious offences punishable by law (which allegedly) were committed in April 1994 in Rwanda. The indictments against the accused are incorporated in two summons which will be jointly dealt with. All counts are charged primarily as war-crimes (Article 8 Act on criminal law in time of war) and alternatively as torture (Articles 1 and 2 Act implementing the Torture Convention). All counts have also been charged as genocide (Article 1 Act implementing the Genocide Convention) in the second summons. The prosecution of these counts has been taken over from the Prosecutor of the Rwanda Tribunal. This interlocutory decision only relates to the Public Prosecutor's right to prosecute the Accused with regard to count 1 of the second summon (genocide). The Public Prosecutor explicitly asked the Court to take a decision at this stage in order to exercise her right to institute proceedings on this count pursuant to Article 283, subsection 6 of the [Dutch] Code of Criminal Procedure. Counsel for the defence agreed to this and took the position that the Public Prosecutor was barred from prosecution in this respect. The Court concludes that a Dutch criminal court has neither direct nor indirect jurisdiction with respect to the charge of the Accused's involvement in genocide. The Court dismisses the Public Prosecutor in the prosecution of the Accused of count 1 in the second summons.