De Haagse Stadspartij ('The Hague City Party') v. Netherlands and others

Country of proceedings: The Netherlands
Context of crimes: The Netherlands, Iraq, Afghanistan
Date: 2005
Keywords: War crimes, Torture, Aggression, Immunity (head of state), Obligation to prosecute

Court Documents
04-05-2005 - The Hague District Court Judgment

Additional Information
American Service-Members' Protection Act ('The Hague Invasion Act')
Charter of the United Nations
Rome Statute of the ICC

Presentation of the case
On 4 May 2005, The Hague District Court dismissed proceedings initiated by a group of Dutch persons and organizations against the Netherlands seeking the arrest of former US President Bush. The proceedings were filed in advance of an official visit by President Bush to the Netherlands.

According to the petitioners claims, the American Service-members’ Protection Act of 2002, also known as ‘The Hague Invasion Act’, provides for a US incursion on Dutch soil in the event that American and Israeli military personnel are detained by the International Criminal Court (ICC). The petitioners claimed that this alleged threat violated international law. In addition, the petitioners claimed that President Bush was responsible for, inter alia, war crimes against civilians and torture committed in Iraq and Afghanistan.

In its decision the Court first emphasized that a decision in favour of the petitioners would have serious implications for the foreign relations of the Netherlands. The Court moved to find that under customary international law heads of state enjoy immunity from criminal prosecution in foreign states, and that the immunity of President Bush was not set aside by Article 27 of the Rome Statute since the US was not a State Party, nor had the ICC ordered the arrest of President Bush. Therefore, the application was dismissed.

Related cases
Other cases before the Dutch courts