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Journal of International Criminal Justice Advance Access originally published online on September 22, 2006
Journal of International Criminal Justice 2006 4(4):881-883; doi:10.1093/jicj/mql058
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© Oxford University Press, 2006, All rights reserved. For permissions please email: journals.permissions@oxfordjournals.org

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On the Question of Dutch Courts' Universal Jurisdiction

A Response to Mettraux

Ward Ferdinandusse*

* Legal Officer, Dutch Department of Prosecutions. The author participated in the cases under discussion and has written this comment in his personal capacity. [ wnferdinandusse{at}hotmail.com]

In response to Guénaël Mettraux's article regarding the recent exercise of universal jurisdiction over torture and war crimes by a Dutch court, the author disputes Mettraux's reading of these cases on several points. These points include the legal basis for exercising universal jurisdiction over violations of Common Article 3 and the criterion of involvement of public authorities in the crime of torture.


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