Hosting Global Justice: The Netherlands and International Courts (ICJ & ICC)
Lecture/debate
Special position of the Netherlands
It is often suggested that, as the host state of both the International Court of Justice (ICJ) and the International Criminal Court (ICC), the Netherlands holds a “special position” in terms of compliance with international law. But what does this mean exactly? In this Studium Generale lecture, Otto Spijkers and Letizia Lo Giacco discuss the legal and political dimensions of this “special position”.
The lecture is chaired by Niels Blokker.
International Court of Justice
The Advisory Council on International Affairs (AIV) recently reminded the Netherlands’ Government of its “special position in terms of compliance with international law given its role as the host country of the International Court of Justice”.
In his lecture, Otto Spijkers explores how this “special position” as host state of the International Court of Justice (ICJ) in terms of compliance with international law can be understood and operationalized. He examines how the Netherlands Government interprets and implements this role, looking at both historical contributions and, more importantly, its current contributions to the work of the ICJ. Otto Spijkers also discusses how apparent inconsistencies may undermine the credibility of both the Netherlands and the international legal system, and proposes ways for the Netherlands to more effectively align its actions with its “special position” as host state.
Letizia Lo Giacco reviews the Netherlands' obligations to ensure and protect the ICC's proper functioning. Political pressures impact the work of the ICC, especially when governments oppose its investigations or arrest warrants. The ICC has its own legal mechanisms to address such interferences, but what role can the Netherlands take in protecting the Court? Letizia Lo Giacco discusses the international legal obligations binding upon the Netherlands as a host state of the ICC and which legal avenues are available to tackle interferences with the Court’s work – including, for instance, in Dutch domestic courts, as a recent complaint filed by Palestinian nationals with the Dutch Office of the Public Prosecutor demonstrates. Her talk sheds light on the challenges and limits that may arise for the Netherlands when implementing its legal obligations as the ICC’s host state.
About the speakers
- Niels Blokker is Professor of International Institutional Law (Schermers Chair) at the Grotius Centre for International Legal Studies of Leiden University.
- Letizia Lo Giacco is Assistant Professor of Public International Law at the Grotius Centre for International Legal Studies of Leiden University.
- Otto Spijkers is Assistant Professor of International and European Law at Leiden University College (LUC), Faculty of Governance and Global Affairs of Leiden University.
The events is free, but registration required.