VU Research Portal
Narrowing the impunity gap?
Bolhuis, M.P.
2018
document version
Publisher's PDF, also known as Version of record
Link to publication in VU Research Portal
citation for published version (APA)
Bolhuis, M. P. (2018). Narrowing the impunity gap? How host states deal with alleged perpetrators of serious
crimes excluded from international protection: a case study of the Netherlands.
http://dare.ubvu.vu.nl/handle/1871/55705
General rights
Copyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright owners and it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights. • Users may download and print one copy of any publication from the public portal for the purpose of private study or research. • You may not further distribute the material or use it for any profit-making activity or commercial gain
• You may freely distribute the URL identifying the publication in the public portal ?
Take down policy
If you believe that this document breaches copyright please contact us providing details, and we will remove access to the work immediately and investigate your claim.
E-mail address:
vuresearchportal.ub@vu.nl
Table of content
1. Introduction
1.1. Exclusion from refugee protection
1.2. Objectives, case selection and research questions 1.3. Methodology
1.4. Outline of the study
2. Article 1F in the Netherlands and in Europe
2.1. Key characteristics of the Dutch 1F policy and theirbackground
2.2. The Dutch 1F policy in a European context
2.3. International cooperation and criminal prosecution
3. 1F-excluded individuals and other ‘undesirable but
unreturnable’ migrants in the Netherlands
3.1. Introduction3.2. UBU in the Netherlands
3.3. Policy measures to deal with the issue of unreturnable 1F-excluded persons
3.4. Constraints on the Dutch approach posed by EU law and case law
3.5. Conclusion
4. Prosecution of those excluded under 1F(a) outside the
state of refuge
4.1. Introduction
4.2. Extradition of alleged génocidaires from Europe to Rwanda: a long, bumpy road
4.3. Factors determining the likelihood of future extraditions of excluded asylum seekers residing in the Netherlands 4.4. Conclusion
9
29
41
5. Prosecution of those excluded under 1F(a) in the state
of refuge
5.1. Introduction 5.2. File analysis
5.3. The application of 1F in the Netherlands 5.4. The interpretation of Article 1F in Dutch policy 5.5. Extradition of excluded persons
5.6. Prosecution of excluded persons 5.7. Conclusion
6. Those excluded under 1F(b)
6.1. Introduction6.2. File analysis
6.3. The scope of Article 1F(b)
6.4. Who are excluded in the Netherlands on the basis of 1F(b)? 6.5. Article 1F(b) in Dutch policy and practice
6.6. What happens to those excluded under 1F(b)? 6.7. Conclusion
7. General discussion
7.1. Introduction 7.2. Summary of results7.3. Strengths and limitations of the study 7.4. Discussion
7.5. Implications for policy and practice 7.6. Directions for future research
References