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German Piracy Trial

Urteil, 19 Oct 2012, Regional Court of Hamburg (Landgericht Hamburg), Germany

On 5 April 2010, ten Somalis attacked the Taipan, a container ship sailing under the German flag off the Horn of Africa. The Dutch naval forces arrested the Somalis and, on 10 June 2010, transferred them to Germany. The trial commenced on 22 November 2010, representing the country’s first piracy trial in 400 years.

On 19 October 2012, the Hamburg Regional Court found the Somalis guilty and handed down sentences ranging between two and seven years.


Haagse Stadspartij et al.: De Haagse Stadspartij et al. v. The Netherlands

Verdict, 5 Apr 2005, District Court of The Hague, The Netherlands

A group of Dutch individuals and organisations filed a claim against the Netherlands asking for the arrest of George W. Bush. The proceedings were filed in advance of Bush’s visit to the Netherlands in his capacity as US President.

The American Service-Members’ Protection Act of 2002 (ASPA) allows the US to invade Dutch territory to liberate American or Israeli military personnel in the event that they are detained by the International Criminal Court (ICC). The petitioners said that such an incursion might result in many casualties and would violate international law. Therefore, they claimed that the ASPA constitutes a threat against the Netherlands, its citizens, and the ICC, and had to be assigned to George W. Bush.

On 5 April 2005, the District Court dismissed the case. The Court held that it cannot hear cases presenting political questions. In addition, the Court held that it could not prosecute George W. Bush because he enjoyed immunity as head of state.


Perišic: Prosecutor v. Momčilo Perišić

Judgment, 28 Feb 2013, International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Appeals Chamber, The Netherlands

Momčilo Perišić was born on 22 May 1944 in Koštunići, Serbia. During the period August 1993 until December 1998, he was chief of the General Staff of the Yugoslav Army (VJ). The Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague started criminal proceedings against him. Perišić was found guilty of planning and executing an attack on Srebrenica, at the time of the attack an area considered a so-called “safe area”, and for the killings of thousands of Muslims living there. In addition, Perišić was also found guilty for killing seven people and injuring approximately 200 people in Zagreb on 2 and 3 May 1995 with the help of the Army of Serbian Krajina (SVK). Perišić appealed against the decision. On 28 February 2013, the ICTY acquitted Perišić and subsequently released him.


Basebya: The Prosecutor v. Yvonne Basebya

Judgment, 1 Mar 2013, District Court of The Hague, The Netherlands

The current case, the first case for genocide charges before a Dutch court, took place against the Rwandan Yvonne Basebya. She comes from a wealthy family and married with Augustin Basebya, a high-ranking politician for the National Revolutionary Movement for Development (NRMD). Rwandan authorities alerted the Netherlands about Augustin being listed as wanted in Rwanda in 2007. Investigations followed, leading to Yvonne being suspected as well; ultimately, Yvonne was arrested in 2010 on suspicion of involvement in the Rwandan genocide.

The District Court of The Hague ruled on 1 March 2013 that Yvonne’s guilt on several of the (complicity in, and conspiracy to commit) genocide and war crimes charges could not be established. However, her repeated singing in public of the notorious anti-Tutsi song “Tubatsembatsembe” (meaning: “Let us eliminate them”) before the youth, unemployed and lower or uneducated and using her local notable upper-class position, combined with her repeatedly (even until the day of the judgment) expressed hatred against the Tutsis, did qualify as incitement to genocide. She was sentenced to six years and eight months in prison pursuant to the Dutch War Crimes Act: the maximum sentence at the time (which the Court regretted, noting that the 2003 International Crimes Act which replaced the War Crimes Act had changed this to 30 years).


A. v. The Minister of Defence

Interim judgment on the appeal against the Court of The Hague’s judgment of 1 November 2005, 25 Mar 2013, Administrative High Court Three-judge Section, The Netherlands

The appellant is a former soldier of Dutchbat III, a battalion which was part of the United Nations peacekeeping mission that was charged with the protection of civilians in the Bosnian Muslim enclave of Srebrenica. The appellant claimed that he suffered from post-traumatic stress disorder (PTSD) after being confronted with the atrocities  against the Bosnian Muslim population of Srebrenica and experiencing the explosion of a nearby mortar shell. He brought a complaint against the Dutch Minister of Defence and requested compensation for not receiving the necessary care after the mission.

On 1 November 2005, the District Court of The Hague held that the Minister of Defence failed to provide the necessary aftercare for his soldiers after the fall of Srebrenica and upon their return to the Netherlands.

On 25 March 2013, the Administrative High Court of the Netherlands ruled that necessary care was provided during the mission in Srebrenica because the soldiers were trained and equipped. However, the Court affirmed that the Dutch Minister of Defence failed to provide necessary care for his soldiers after they returned home. As a result, the Court found that the Minister could be held liable for the PTSD of the soldier which he developed after the mission.


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