Alleged war criminals in the Netherlands: Excluded from refugee protection,wanted by the prosecutor

Abstract

On the basis of Article 1F of the Refugee Convention, alleged perpetrators of international crimes can be excluded from refugee protection. This paper explains why the Netherlands – which is among the countries that apply Article 1F most actively – has, despite administrative commitment, so far successfully prosecuted only 4 out of approximately 800 excluded individuals. On the basis of an analysis of 1F files and interviews with policy makers, representatives from the National Prosecution Office and investigators, we identify the most relevant legal and practical challenges. Although domestic prosecution of suspects of international crimes is already complicated in itself, this article presents a number of additional factors that make prosecuting excluded persons even more challenging.