LawyeringJustice3

Basis and Implications of the ICC’s ruling against Myanmar

By: Tanushree Nigam, JUNIOR RESEARCH ASSOCIATE, PILPG-NL

In a major decision, the International Criminal Court ruled on September 6, 2018 that the Court may exercise jurisdiction over the crime of alleged deportation of the Rohingyas from Myanmar to Bangladesh.  The Pre-Trial Chamber accepted the OTP’s argument that the Court may exercise jurisdiction over the crime of cross border deportation of Rohingyas even though the alleged crime had been committed in Myanmar which is not a State Party.  The Pre-Trial Chamber stated that this could be done as some “elements of the crime” had taken place in the territory of Bangladesh, which is a State Party.  This judgment makes a towering statement that ICC’s jurisdiction is objective rather than subjective in nature.  In this post, I discuss the basis and implications of the Chamber’s findings.

The Pre-Trial Chamber deemed that it had jurisdiction as at least one element of the crime of deportation took place on the territory of Bangladesh which is a State party.  Article 12(2)a of the Rome Statute confers jurisdiction on the ICC if “one or more (of the following) States are parties to the Statute…a) The State on the territory of which the conduct in question occurred.” The Chamber relied on the textual interpretation of the word ‘conduct’ declaring that it is a broad term that encompasses the consequences of the act.  The crime of deportation, in particular, is trans-boundary in nature.  In the absence of the element of crossing of State boundaries, the crime is one of forcible transfer and not deportation.  Hence the expulsion of Rohingya refugees to the territory of Bangladesh, which is a State party, constituted an important element of the crime of deportation, and the Court has jurisdiction over the dispute. 

The jurisdiction of the Court was also invoked by reliance on the “effects doctrine”.  Even though this was not stated in explicit terms, the Chamber referred to the case United States v. ALCOA in which a US Federal Appellate Court first enunciated this doctrine.  Till 2018, over 1 million Rohingya refugees had sought refuge in Bangladesh, which is already one of the most densely populated regions of the world.  The Court implied that even if the elements of the crime were not present in its territory, the effects of the crime of deportation did manifest in Bangladesh, which is a State party.  This aspect allowed the Court to conclude that it has jurisdiction over the dispute. 

The Pre-Trial Chamber also relied on the penal legislations of various States, (including the interpretation offered by the Supreme Court of Bangladesh in Abdus Sattar v. State).  These legislations declare that the exercise of criminal jurisdiction by a State requires the commission of one of the legal elements/parts of the crime on its territory.  It also relied on the penal code of Myanmar that grants authority to the Burmese Parliament to create laws that may try persons for crimes committed beyond its territory.  The judges supplemented this argument by stating that the object and purpose of the Rome Statute grants to it the power “to assert jurisdiction over the most serious crimes of concern to the international community”…“on the basis of approaches to criminal jurisdiction that are firmly anchored in international law and domestic legal systems.

The Case of the Republic of Korea (paragraph 38) had presented a similar proposition.  In that case also the Office of the Prosecutor had relied on the doctrine of objective territoriality to establish jurisdiction of the Court.  The case concerned cross-border firings by unidentified persons from North Korea, which is not a State party  to the territory of South Korea, which is a State party.  South Korea submitted that the Court had jurisdiction over the dispute because the crime culminated on the territory of a State party.  The case was subsequently closed as the shootings had been directed at legitimate military targets.  Nevertheless, the case reveals that the  argument of objective territorial jurisdiction of the Court is not novel and has been long accepted.

This ruling may have a significant impact on the course that the ICC may adopt in other similar situations. Countries in Asia and Africa that are not signatories to the Rome Statute are witnessing movement of persons on a large scale to State Party territories.  Would the ICC also have jurisdiction over these cases?  What about movement from these countries onto the high seas?  Critics of the Court have also raised questions about undermining State sovereignty and consent, which in the opinion of many forms the basis of the Rome Statute regime.  This ruling is unlikely to be the final point of this developing area of international law. 

Humanitarian Reality in Colombia: Saving Lives and Safeguarding the Future of Peace

By: Francisca De Castro, Junior Research Associate, PILPG-NL

Since the 1960s, Colombia has been faced with a situation of armed violence that has plunged the country in insecurity and crisis. Groups of farmers had created self-defense militias, which later turned into guerrilla groups, over agrarian disputes with the government. The violence turned into a conflict between state forces, paramilitary groups, and guerrilla groups such as the Revolutionary Armed Forces (FARC), amongst others. In 2016, the Colombian government and the FARC signed a peace agreement which put an end to more than 60 years of civil war. However, three years later, the humanitarian reality in Colombia is still far from resolved. The International Committee of the Red Cross (ICRC) reported that the humanitarian situation in Colombia had in fact decayed in 2018. According to the ICRC, this was a consequence of the five remaining armed conflicts with other groups that were running in parallel, and the ineffective state response to these conflicts in certain rural communities, such asthe Catatumbo and the Cauca regions.

The Colombian state’s inaction prompted social leaders, a term generally adopted in Colombian government and civil society to refer to people who are advocating for their communities social/civil rights, to proactively voice the concerns of minorities.  However, as a result, these leaders have become targets of aggression from unknown actors.  Reports suggest that these aggressions went from 82 recorded aggressions in 2008 to 174 in 2009, and have increased since then.  According to the NGO Somos Defensores, in 2018 alone, over 155 social leaders were assassinated.  However, the government has not been passive during this situation. It has established protection measures for social leaders which include private security officers as well as protected vehicles. 

Fran

The “Humanitarian Reality in Colombia” conference organized by Citizen Diplomacy (a group of Colombians living in the Netherlands and working towards bringing attention to the situation of social leaders in Colombia), provided a platform for social leaders visiting Europe to have an opportunity to share their stories. 

The first speaker was Nubia Russi, a leader from Tolima who has benefited from the security measures provided by the government.  Although grateful for the initiative, she pointed out several flaws in the system. Amongst those are the inequality of access to protective measures, as well as obstacles brought on by these measures, such as the difficulty of finding employment while being accompanied by officers.  She elaborated on how the budget of these measures could be better utilized to facilitate educational training for the beneficiaries. 

The second leader was Carlos Paez of the Tierra y Paz Organization.  Originally displaced from his land in Urabá in the 1990s, he has been fighting to regain access for over a decade.  This is a fight that has been affected by several laws, passed in 2007, 2009, and 2011, which claimed that any person forcibly displaced from their lands due to paramilitary activity had the right to regain access.  Yet Carlos is one of the few, as less than 10% of the regions’ displaced families have been able to return to their lands. 

Lastly, two leaders from the organization Movimientos Rios Vivos, Genaro Graciano and Milena Florez, explained what their lives have looked like since the 2018 Hidroituango catastrophe in which a poorly constructed dam suffered structural defects which resulted in the flooding of several communities in the area, resulting in over 120 people severely affected.  They seek reparations for the harm suffered by the communities inhabiting the affected areas, and call for independent investigations to assess liability for these harms. 

Citizen Diplomacy has put forward a four-pronged proposal to protect and enhance the lives of these social leaders.  It calls for decompression, empowerment, safe return, and creating safe spaces. 

The decompression component addresses how social leaders live under constant pressure and fear for their lives.  It aims to transport social leaders from high pressure to low pressure environments (often international destinations) for a short amount of time. This would, hopefully, be complemented with familial company and emotional support. 

The empowerment component stems from the social leaders’ motivation to defend human rights.  It seeks to provide training to improve the resistance capacities of social leaders, and organize conferences to raise awareness of the current situation of each defender. 

This ties into the organization’s  efforts to ensure safe return of those displaced.  As the threat persists upon return to Colombia, the role of organizations that provide international accompaniment is extremely important.  Many organizations across Europe work towards similar goals.

The last element is the promotion of safe spaces.  The international accompaniment is also extremely useful upon return to Colombia, as it can assist the social leaders’ efforts to create safe spaces for victims, and ultimately develop a self-protection strategy in consultation with the community.

Each Colombian social leader’s story is different.  Leaders represent different minorities with distinct grievances. In the recent past,  there has been an increase in the visibility of their fight compared to the situation during the FARC conflict. However, this fight will only achieve its full potential if it is accompanied by efforts to study and fix the issues hindering peace building in the state.

Heroism in International Justice

BY: ISABELLA BANKS, RESEARCH ASSOCIATE, PILPG-NL

Isabella attended two events in the Hague highlighting what heroism by everyday people can look like in the field of international justice, and the qualities that connect These “heroes” across time and space.

American psychologist Philip Zimbardo is best known for his 1971 Stanford prison experiment, which notoriously demonstrated how easily ordinary people can be influenced by their situation to engage in immoral behavior. In recent years, the ethics and authenticity of the Stanford prison experiment have been called into question, and Zimbardo has changed course from the so-called “psychology of evil” that made him famous. His latest research focuses on heroism.

Zimbardo uses the concept of the “banality of heroism” (a counterpoint to Arendt’s banality of evil) to convey that in the same way that performing an immoral act does not depend on a unique disposition towards evil, performing a heroic act does not depend on a unique disposition towards goodness. According to Zimbardo, anyone can be “a hero in waiting” when equipped with a heroic imagination. In 2011, Zimbardo co-founded the Heroic Imagination Project (HIP) to explore how insights from social psychology can help ordinary people take effective action in challenging situations. In addition to conducting research, HIP develops and implements training programs and public initiatives to inspire and encourage everyday heroism around the world – particularly among young people. In the words of one of HIP’s students in Italy, “Being heroic does not mean having superpowers. Being heroic means being there for others and helping them, regardless of their gender, age, or race.”

Two events I recently attended in the Hague highlighted what heroism by everyday people can look like in the field of international justice, and the qualities that connect international justice “heroes” across time and space.

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The Auschwitz Volunteer

In March, the Humanity House – an interactive museum and education platform – hosted Polish professor and historian Marek Kornat to tell the relatively unknown resistance story of Witold Pilecki.

Witold Pilecki was a reserve officer in the Polish army during World War II and co-founder of the Secret Polish Army (Tajna Armia Polska or TAP), a resistance group which operated in German-occupied Poland. In 1940, TAP developed a strategy to infiltrate the recently opened Auschwitz concentration camp. Little was known about the camp at the time, and the purpose of the mission was to gather intelligence about what was taking place there. Pilecki volunteered, and later that year, he was deliberately detained by the German Army, registered under a false name, and sent to Auschwitz.

Once inside the camp, Pilecki formed a new resistance group, the Union of Military Organizations (Zwiazek Organizacji Wojskowej, ZOW), which connected with other underground organizations and worked to lift the morale of the prisoners by disseminating news of the war and smuggling in food, clothing, and medicine from outside. The group was able to communicate regularly with the Home Army (the dominant Polish resistance group during the war) in Warsaw through prisoners who were released from the camp or managed to escape, and later, by radio.

For almost three years, Pilecki meticulously documented the atrocity crimes committed by the Nazis, the dire living conditions at Auschwitz, and the number of arrivals and deaths that occurred there. In 1943, he escaped to Warsaw and presented a detailed report of the horrors he had witnessed, including the use of gas chambers, ovens, slave labor, and sterilization experiments. Pilecki’s report was one of the first eyewitness accounts of Auschwitz, and the first comprehensive record of a Holocaust death camp obtained by the Allied Forces. At the time, the Allies largely disregarded Pilecki’s record of Auschwitz, calling it exaggerated and rejecting his proposal to attack the camp and liberate the prisoners. Years later, his report would be recognized as “a historical document of the greatest importance.”

Pilecki continued to fight for the resistance until the war’s end. After returning to Poland to gather intelligence on the newly installed communist regime, he was arrested and repeatedly tortured by agents of Poland’s Ministry of Public Security. Determined to protect the other prisoners, Pilecki revealed no sensitive information. In 1948, he was subjected to a show trial. With the help of the testimony of Poland’s future prime minister, Pilecki was sentenced to death on assassination and espionage charges and executed by a shot to the back of his head.

Pilecki’s report remained unpublished in communist Poland and his story suppressed for four decades. In 1990, he and the others sentenced in the show trial were finally rehabilitated, and in 2006 he was honored with Poland’s highest decoration. In 2000, the report was made available to the public for the first time, and in 2015, it was translated into English and published as the highly-acclaimed book, The Auschwitz Volunteer: Beyond Bravery.

As representatives from the Polish Embassy and the Pelicki Institute made clear at the conclusion of the lecture, Pilecki is now regarded as a national hero. The event moderator, Dr. Iwona Gusc, pointed out that given what little was known about Auschwitz at the time, Pilecki could not have fully comprehended what he was signing up for when he volunteered, and that this part of his story had received too much attention.

Regardless of what one considers Pilecki’s bravest act, virtually no one disputes his unparalleled commitment to the resistance and to the prisoners of Auschwitz. Hearing his story, it is easy to feel like the vast majority of us will never have the opportunity to put our moral character to the test on such an extraordinary scale. For me, the Hague Institute for the Innovation of Law (HiiL)’s 2019 Innovating Justice Forum – an annual gathering of global justice leaders and entrepreneurs working towards people-centered, evidence-based solutions – was a reminder that this is not necessarily the case.

The Innovating Justice Forum

Located at the Peace Palace, the two-day event centered on the theme “From Justice Innovation to Scale,” and showcased the final stage of a justice innovation competition that HiiL organizes each year. Twelve entrepreneurs from ten different countries had been selected from a pool of 1000 and invited to pitch their ideas to the global justice leaders who had gathered at the Forum. The innovations presented addressed a wide range of justice problems, from exploitative contracting practices in South Africa to underutilized welfare schemes in India. Each innovation was evaluated on the basis of demonstrated impact and potential for scale and replicability.

The winner of this year’s competition was CrimeSync, a startup in Sierra Leone that improves the capacity of criminal justice agencies to organize, collaborate, and share information through a centralized electronic case management system. CrimeSync also benefits citizens by making it easier to check the status of ongoing cases. The second and third place winners – Haqdarshak and Creative Contracts – similarly empower everyday people by increasing their access to information that affects their livelihood.

What most inspired me about the twelve pitches was not the innovations themselves, but the creative and compassionate people behind them.

Sorieba Daffae studied law and engineering and had a successful career in business development and information technology before co-founding CrimeSync. After learning that Sierra Leone’s dysfunctional criminal justice system was a major contributor to the country’s 11-year-long civil war, he decided to apply his multidisciplinary skillset to improving it. The data-driven case management platform that Daffae developed has already succeeded in reducing case processing time, prison overcrowding, and government expenditures – all while increasing accountability within the justice system.

Rob de Rooy practiced as independent commercial attorney before founding Creative Contracts. De Rooy observed that South Africans with low literacy were frequently asked to sign employment contracts that they did not understand, leaving them vulnerable to exploitation. He began to explore the possibility of communicating contract clauses using pictures instead of words. Through a series of collaborations with lawyers, academics, and cartoonists, De Rooy succeeded in developing the first professional quality “comic contract” for one of his commercial clients. The illustrated contract was easily understood and signed by 300 farm workers, and De Rooy’s contracts have since become the company’s “new normal.” Creative Contracts is currently working with a number of different organizations to improve their business relationships and outcomes by making their contracts more accessible.

Like Pilecki, Sorieba Daffae, Rob de Roy, and the other innovators at the Forum were ordinary people who recognized an injustice in their environment and chose to address it. While early-stage justice startups may seem insignificant compared to what Pilecki undertook, research conducted by the Task Force on Justice suggests that they are fundamental to closing the global justice gap.

According to their recently published report, an estimated 4.4 billion people are excluded from the opportunities that law provides, 1.5 billion people have unmet justice needs, and 244 million people are subject to conditions of extreme injustice. Eliminating the global inequities these numbers represent will require bringing the justice innovations of many individuals around the world to scale.

Furthermore, the bravery of justice innovators should not be underestimated. A major reason for the Forum’s emphasis on potential for scale is security: government officials that benefit from the selectivity of the status quo are prone to suppress initiatives that challenge it. A startup that is unable to scale its services may not be able to attain the popularity and visibility necessary for its long-term survival.

So how do we inspire and empower more people to do what Pilecki and the Innovating Justice Forum contestants have done – to put their own comfort and security on the line to challenge injustice around them? Though heroism research is still in its infancy, Zimbardo’s Heroic Imagination Project (HIP) workshops focus on three areas: 1) helping people overcome the pressure to conform to group norms; 2) learning to identify and counteract bias and discrimination; and 3) developing the resilience needed to combat the bystander effect – defined as, “the impulse to stand by in emergencies when others are present who might intervene.”

After the Forum, I spoke to HiiL Communications Specialist Katie Davis to try to understand how “heroic imagination” could be fostered to address long-term injustices, the root causes of which are not always clear. Davis emphasized the power of data to inspire and facilitate grassroots innovation. Rather than relying on a handful of entrepreneurs to identify and address justice problems in their communities, HiiL seeks to activate broader participation in local reform. One way they do this is by sharing their findings with paralegals, judges, and other justice system stakeholders in the communities they conduct research in. This information gives people a bird’s eye view of the justice problems in their environment that they might otherwise not have had access to – the kind that Pilecki lacked.

With that said, Pilecki’s story serves as an important reminder that a complete understanding of a particular injustice is neither necessary nor sufficient for making a change. What unites all international justice heroes is their decision to act. Pilecki’s reflection on what it was like to be rounded up for transport to Auschwitz makes this lesson clear:

SS men with automatic weapons were stationed on all four sides.

There were about one thousand eight hundred or so of us.

What really annoyed me the most was the passivity of this group of Poles. All those picked up were already showing signs of crowd psychology, the result being that our whole crowd behaved like a herd of passive sheep. 

A simple thought kept nagging me: stir up everyone and get this mass of people moving.



The Legal Aspects of the MH17 Disaster: What Next?

By: Emma Bakkum, Research Associate, PILPG-NL

Almost three years have passed since Malaysia Airlines Flight MH17 was shot down over Eastern Ukraine, leaving no survivors of the 298 passengers. The Joint Investigation Team (JIT) has since published that the plane was shot down by a buk missile situated in Eastern Ukraine. However, no State or individual has been held responsible to date. Victims’ relatives, the Dutch State, and others continue to consider legal options. In light of this, dr. Marieke de Hoon set out the problems and consequences of different legal procedures during a public lecture at the Vrije Universiteit Amsterdam. Because a single evening is not enough to discuss all legal aspects surrounding MH17, she focused on two legal avenues available: the prosecution of individuals before a criminal court of law and the responsibilities of States under international law.

Criminal Law

The most often discussed legal avenue is criminal law, under which individual perpetrators can be held accountable for the crimes they committed. Not only those directly responsible but also those who ordered, conspired to or aided and abetted the shooting down of MH17 can be held responsible. These individuals can be prosecuted both at the national level in domestic courts or at the international level, at the International Criminal Court (ICC) or a specially established tribunal. Criminal law, however, requires a high burden of proof. Not only needs to be proven that an individual has committed a criminal act but also that the individual did so with the required knowledge and intent, making it difficult to prosecute individuals. Under the circumstances of the MH17 situation, investigations are strenuous. Jeroen Akkermans, who was one of the first investigative journalists present at the crash site, underlined the problems with gathering evidence.

While the victims’ relatives appeared to have lost faith in the Dutch government for initiating criminal proceedings, they questioned what they could do personally. Professor Arno Akkermans pointed to the high costs and difficult procedures linked to individual legal proceedings and advised the victims’ relatives to continue to rely on the government and the pubic prosecution to undertake action.

International Responsibilities of States

Not only individuals but also States violating certain international obligations could be held responsible at the international level. There appear to be strong arguments to claim that Ukraine and Russia have violated their international obligations to communicate information, to investigate allegations, and to prosecute or extradite. These claims could be initiated by States before the International Court of Justice (ICJ) or by States or individuals before the European Court for Human Rights (ECHR). However, the options for these procedures are limited and they can be very lengthy and legally complex.

Political Unwillingness Calls for Both Legal and Political Approaches

Although legal procedures could achieve further truth finding and are a step towards responsibility, they all come with their own complexities and are moreover lengthy processes without much prospect of compensation. Most critically however, are the difficulties that arise from the (political) unwillingness of States to cooperate with the investigation and prosecution. Considering this, negotiations are important, which, as De Hoon pointed out, may lead to creative solutions as they did in the Lockerbie case.

Perhaps, the audience suggested, in order to turn the tides within the coming years, a political approach instead of legal approach should be advocated for. But is politics alone an option when legal options are not successful? “Law is a form of politics” and lawyers can clarify the responsibility of States, De Hoon answered. Pieter Omtzigt highlighted the importance of politics to establish any kind of justice trough law: “negotiate with States, use public diplomacy, and take a certain position against Ukraine or Russia”. The Netherlands might have an especially strong position to do this when it is part of the United Nations Security Council in 2018. It might then be able to push for adherence to UNSC Resolution 2166 which calls upon all States to fully cooperate with the MH17 investigation.

Truth Finding

The political side of international interaction surrounding MH17 inevitably slows legal action. However, it is not a choice between either political action or legal action. Law and politics are intertwined (law is a form of politics, making politics more effective with the language of law). The question should rather be: how can we strengthen both legal and political options with each other? In the end, finding the truth is the common ground, the basis of the endeavor surrounding responsibility for shooting down MH17.

What is the Alternative?

The wishes or needs of victims’ relatives are difficult to be fulfilled with lengthy and complex legal procedures. “But what is the alternative? Doing nothing?” “We must continue to talk and discuss about MH17 and an evening like this is therefore very important to keep it on the agenda”, one of the victims’ relatives explained. Persistent attention could eventually lead to something. For this reason perhaps, some of the victims’ relatives recently expressed that they consider joining a case at the European Court for Human Rights against Ukraine for violating its obligation to close its airspace. They reiterated that the bottom line is that they cannot do nothing and sit back.

The JIT has arrived at its final and most difficult phase: identifying the actual perpetrators of the shooting down of MH17. The conversation on legal avenues to pursue can and will be continued when the JIT has identified those individual perpetrators. This public lecture has contributed to the understanding and considerations for all parties involved of the different legal avenues in response to the MH17 disaster.

For more, see Navigating the Legal Horizon: Lawyering the MH17 Disaster by Marieke de Hoon.

International crimes in Dutch Courts: Dutch Businessman Convicted for Complicity in War Crimes and Illegal Weapons Trade

By: Rosalie Dieleman & Emma Bakkum, Research Associates, PILPG-NL

On 21 April 2017, the court of appeal of Den Bosch convicted 74 years’ old Dutch businessman Guus Kouwenhoven for illegal trade in weapons and complicity in war crimes in Liberia and Guinea between 2000 and 2003. He is sentenced to 19 years of imprisonment. Kouwenhoven, in his position as Director of Operation of the Oriental Timber Company (OTC) and of the Royal Timber Company (RTC) had a close relationship with former Liberian president Charles Taylor. An investigation into his activities was launched in February 2004. Kouwenhoven was accused of complicity in war crimes and weapons trade in violation of the UN embargo in place at the time.

On 21 April 2017, the court of appeal in Den Bosch sentenced Kouwenhoven to 19 years of imprisonment for complicity in war crimes in Liberia and Guinea between 2000 and 2003 as well as illegal arms trade. The court of appeal considered the facts proven, as consistent and reliable evidence was established as a result of additional investigation and witness hearings. Furthermore, with regards to sentencing, the court of appeal noted that it took into account that the crimes committed concern “very serious violations of the principles of humanitarian law” and that the suspect played “an important supporting role” in these violations. With the sentencing decision, the court intends to signal the court’s judgement of the gravity of the crimes to the victims and their families, as well as the international legal community. The sentencing aim of general prevention is given special attention by the court, noting that “businessmen like the suspect, who trade internationally and do not shy away to do so in cooperation with regimes like that of Charles Taylor, should be warned that they can get involved in (international) crimes (against humanity)”.

Kouwenhoven is the second Dutch businessman to be convicted for complicity in war crimes, following the conviction of Frans van Anraat in 2007. Van Anraat was convicted by the Supreme Court of the Netherlands for complicity in war crimes by delivering chemicals used for the production of mustard gas to the government of Sadam Hussein in Iraq.

Kouwenhoven has, to date, denied involvement in the crimes and is deliberating whether to file an appeal to the judgment. Kouwenhoven’s lawyer, Inez Weski, already expressed her intent to start a procedure at the European Court of Human Rights. She argues that, due to Kouwenhoven’s detoriating health, detention would be a violation of the duty of care of the Netherlands as laid down in the European Convention for Human Rights.

The judgment of the court of appeals in April 2017 followed a lengthy procedure before the Dutch courts. In 2006, the district court of The Hague convicted Kouwenhoven for illegal arms trade. He was, however, acquitted for complicity in war crimes due to lack of evidence. Both the prosecution and defense appealed. In 2008, the court of appeal in The Hague acquitted Kouwenhoven of all counts, due to the unreliability of several witness statements resulting in a lack of evidence. In 2010, however, the Supreme Court quashed this judgment and determined that the public prosecution’s office had unjustly not been given the opportunity to hear two anonymous witnesses. The Supreme Court referred the case back to the court of appeal in Den Bosch, where the case was reopened on 6 February 2017.

This judgment was the second judgment in April 2017 in an international crimes case in the Netherlands, on 4 April 2017, the Supreme Court of the Netherlands came to a final judgment in the criminal proceedings against five Dutch nationals involved in the Liberation Tigers of Tamil Eelam (LTTE).