Tag Archives: The Netherlands
11 February 2013
Former Congolese militia boss Mathieu Ngudjolo Chui, who was acquitted of war crimes by the International Criminal Court (ICC) late last year, has applied for asylum in the Netherlands, his lawyer said on Saturday 9 February 2013. After being freed from the ICC’s detention centre, he was immediately arrested by Dutch police because he did not have papers allowing him to remain in the Netherlands. He is currently being held in a Dutch detention centre for asylum seekers.
Source: NRC | Vrijgesproken rebellenleider Congo vraagt asiel aan in Nederland (in Dutch only)
31 January 2013
On 30 January 2013, the District Court of The Hague held that Shell Petroleum Development Company of Nigeria Ltd (Shell Nigeria) is liable for oil spills in Nigeria. Shell Nigeria was sentenced to pay damages to one Nigerian plaintiff for oil pollution damage that was caused by third party sabotage in Nigeria. According to the Court, Shell Nigeria has violated its duty of care and did not take sufficient measures to prevent sabotage by third parties.
The Court dismissed four other lawsuits that were brought by Nigerian farmers and fishermen, together with Milieudefensie (Friends of the Earth Netherlands), against other Shell entities and the parent company, claiming compensation for oil pollution damage that was suffered, and allegedly caused by poor maintenance of the Shell defendants.
Source: Reuters | Dutch court says Shell responsible for Nigeria spills
Source: Dutch judgements on liability Shell (Press Release)
22 January 2013
NATO Patriot missiles began arriving at the Turkish border with Syria on 21 January 2013. The missiles are intended to protect Turkey from a potential Syrian attack. Turkey had formally requested protection from NATO last November. Six missile batteries are provided by Germany, the Netherlands and the US, which are amongst the few NATO members in possession of these advanced air protection systems.
Source: Reuters | NATO Patriot missiles arrive in Turkey to counter Syria risks
21 January 2013
On 17 December 2012, the Court of Appeal of The Hague decided that three Congolese witnesses who had testified before the International Criminal Court (ICC) and who were still being detained in the ICC Detention Centre in the Hague, were not within the jurisdiction of the Netherlands in the sense of Article 1 of the European Convention on Human Rights. The three witnesses had applied for asylum in the Netherlands. However, the Court held that the Netherlands was not obliged to take over the witnesses from the ICC. The Court followed the judgment of the ECtHR in the case Djokaba Lambi Longa v. The Netherlands (8 October 2012, application no. 33917/12).
Source: Gerechtshof 's-Gravenhage | Judgment, 18 December 2012 | LJN: BY6075 | 200.114.941/01 (in Dutch)
7 January 2013
On 14 December, the Dutch Supreme Court (Hoge Raad der Nederlanden) ruled that the Dutch Sanction regulation, that was intended to give effect to UN Security Council Resolution 1737, violated the prohibition of discrimination under Article 26 ICCPR.
Resolution 1737 imposed sanctions on Iran in connection with the Iranian nuclear programme. Implementing the Resolution, the Netherlands blocked access of Iranian nationals to specialised education that could contribute to nuclear activities/developing nuclear weapons. The Supreme Court found that the State did not do everything it could to harmonise the obligations it has under international law. The Court referred in this context to the judgment of the ECtHR in the case of Nada v. Switzerland (12 September 2012, application no. 10593/08).
Source: Hoge Raad | Judgment, 14 December 2012 | LJN: BX8351 | 11/03521 (in Dutch)
Source: Sanctieregeling tegen Iraniërs maakt onnodig onderscheid (Press Release in Dutch)