NCJ Number
182561
Journal
International Review of Penal Law Volume: 70 Issue: 3-4 Dated: 1999 Pages: 777-818
Date Published
1999
Length
42 pages
Annotation
This article examines the treaty between the Netherlands and the United Kingdom to base in the Netherlands the Scottish court trying persons allegedly responsible for the bombing of a Pan Am airliner, the implementation legislation of both countries, and other issues that arose in the course of pre-trial preparations.
Abstract
The article deals with the legal aspects of this unique legal construction and new approach to solving problems of criminal jurisdiction for crimes of an international nature. The article provides an historical overview of legal developments and reviews the jurisdictional claim of the Scottish courts and possible constitutional objections by the Council of State of the Netherlands. It also describes the Scottish trial in the Dutch town of Zeist; the interrelationship of Dutch and Scottish law at trial; and sentencing, leaving the Netherlands and enforcement, leaving the Netherlands following acquittal and transfer to the United Kingdom following conviction. The establishment of a domestic criminal court sitting on an extraterritorial basis in this manner is unprecedented and can be viewed as another step in the pragmatic approach being adopted by the international legal community towards international and transnational criminality. Notes