EAPCPfP Workshop on Prosecuting War Crimes Interlaken, Switzerland, 1719 October 2001 Investigation

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EAPC/PfP Workshop on Prosecuting War Crimes
Interlaken, Switzerland, 17-19 October
2001Investigation of War Crimesand Crimes
Against Humanity in the Netherlands by Gert
Woundsma,Head National War Crimes Investigation
Unit,National Police Agency, Driebergen
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National Crime Investigation and Intelligence
Services
Investigation of war crimes and crimes against
humanity in The Netherlands
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Agenda

• History
• Duties
• Legislation
• Input
• General procedure
• Investigation
• Attention Areas
• Cooperation
• Difficulties
• Improvement

Investigation of war crimes and crimes against
humanity in The Netherlands
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History

• Great influx of asylum seekers former Yugoslavia
  (1993)
• Rumours/stories about victims meeting
  perpetrators in reception centres
• Setting up reporting centre (sept. 1995)
• Supreme Court. Jurisdiction The Netherlands to
  prosecute war criminals (nov.1997)
• Setting up NOVO team (1998)

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Duties team

• Investigation of war crimes and crimes against
  humanity
• Providing of support for the victims (former
  duty)
• Collecting evidence for taking away illegal
  gotten profits (former duty)
• National reporting centre for war crimes, crimes
  against humanity and national contact for the
  ICTY.

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Legislation

• Criminal Code and Code of Criminal Procedure
• War Crimes Act (in conjunction Geneva Red Cross
  Convention)
• Implementation Act regarding convention on
  torture
• Implementation Act regarding convention on
  genocide
• Competent authority
• The Public Prosecution Service in Arnhem

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Input

• Victim reports
• Witness statements
• 1 F files (Immigration Service) - 1 F is
  based on interviews asylum seekers - General
  specific reports Ministry Foreign Affairs
• The Immigration Service has serious
  reasons tot assume that the asylum seeker has
  committed war crimes or crimes against humanity.
• Result, the International Refugee treaty
  (Geneva 1951) is not applicable to this person.
  (art 1F Int. Ref. Treaty)

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General procedure

• Reception of files
• (victim report witness statement 1F files)
• Quick scan - Legal check jurisdiction -
  preparation for further investigation -
  Scanning files into Zylab database
• Project proposal - collecting information -
  analysis - Former Yugoslavia consultation
  ICTY
• Investigation - Detailed investigation -
  Support expertise - Structured cooperation
• Prosecution
• Evaluation

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Investigation

• Localising witnesses-victims (-suspects NL) -
  National and International
• Interviewing witnesses victims - National
  and International
• Gathering relevant background information -
  National and international cooperation
  structured support expertise
• Gathering relevant evidence - National and
  International cooperation structured
  support expertise
• Arrest and interrogation of suspect(s)
• Prosecution

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Attention Areas

• Priority
• The former Yugoslavia
• Afghanistan
• Other countries
• Iraq
• Rwanda
• Shri Lanka

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CooperationNational - International

• Immigration Service(s)
• ICTY
• - 1 F files
• - exchange of general background information
• Intelligence Services
• Refugee organisations
• Foreign police organisations
• Etc.

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Difficulties

• Localising witnesses
• Witnesses who do not wish to make statements
• Witnesses who cannot (sufficiently) state about
  concrete punishable offences
• Lack of technical evidence
• Lack of cooperation local authorities
• Difference in cultural background
• Passage of time

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National Crime Investigation and Intelligence
Services
Why to investigate ?
War crime victims are at least entitled that
offenders will not find a quiet place in the
Netherlands or anywhere within the international
community
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National Crime Investigation and Intelligence
Services
The EndThanks for your attention