List of Dutch extradition treaties


The Netherlands has, in the light of assistance in criminal matters, concluded treaties for the extradition of suspects and fugitive convicts with several states. The treaties can bi- as well as multilateral. With some countries the Netherlands has both bi- and multilateral treaties at the same time. In those cases, most of the time the multilateral one is the most novel, and thus is the one applied. There are countries with which the Netherlands has a classic extradition treaty and countries which fall, together with the Netherlands, under the system of the European Arrest Warrant. Some countries do not extradite their own nationals. The Netherlands does. Moreover, it even does not require reciprocity on the matter. The Netherlands will, however, not extradite when there is a chance the extraditee will be sentenced to death.

Types of extradition

There are two régimes under which individuals can be surrendered to another state to stand trial or to undergo their sentence:

1. The régime of surrendering under the European Arrest Warrant. This régime is excusively applicable within the European Union and with Iceland, Norway and the United Kingdom. This system is based on Council Framework Decision 2002/584/JHA . The Netherlands has implemented this decision the Overleveringswet (Surrendering Act).

2. The régime of extradition is used for all other countries. In the Netherlands, extradition is exclusively possible if there is a treaty with the requesting country. The execution of the treaties is governed by the Uitleveringswet (Extradition Act).

Types of treaties

There are, roughly speaking, four types of establishing dual criminality:

1. The enumeration system - In this system, the crimes which can lead to extradition are explicitly listed in the treaty. Dual criminality is however required.[1]

2. The elimination system - In this system, there is no list. Dual criminality is established if the crime is punishable in both countries and is threatened with a minimum maximum penalty in both countries.[2] The minimum maximum penalty is established in the treaty concerned. In case of extradition for execution, the treaty provides a minimum remaining term of sentence which still had to be served.

3. The combination system - These are treaties with a list and a minimum maximum sentence.[3] If the extradition cannot take place because the maximum penalty in one of the countries does not fulfill the minimum established in the treaty, extradition can still happen if the crime is listed in the treaty.

4. All the above systems have the requirement that the crime must be punishable in both countries. Type number 4, the European Arrest Warrant (EAW), does not always have that requirement. Requests from other EU member states are treated like the above mentioned combination system, with the exception for dual punishability. This is not required for crimes on the list.

List of extradition treaties
CountrySystemTreaty typeExtradition of
Dutch nationals		Extradition of
nationals to
the Netherlands		Remarks
 Albania[4]EliminationMultilateralProbablyNoEuropean Convention on Extradition
 Andorra[5]EliminationMultilateralYesNoEuropean Convention on Extradition
 Argentina[6]EnumerationBilateralNoNoTreaty between the Kingdom of the Netherlands and the Argentine Republic for the mutual extradition of criminals, signed in Buenos Aires on 7 September 1893
 Armenia[7]EliminationMultilateralProbablyNoEuropean Convention on Extradition
 Australia[8]EliminationBilateralYesProbablyTreaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters, signed in Canberra on 26 October 1988
European Union  Austria[9]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Azerbaijan[10]EliminationMultilateralProbablyNoEuropean Convention on Extradition
 Bahamas[11]EnumerationContinuationProbablyUnknownContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union  Belgium[12]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Bosnia and Herzegovina[13]EliminationMultilateralProbablyUnknownEuropean Convention on Extradition
European Union  Bulgaria[14]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Canada[15]EliminationBilateralYesYesTreaty Between Canada and the Kingdom of the Netherlands on Extradition, signed in Montréal in 13 October 1989
European Union  Croatia[16]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Cyprus[17]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Czechia[18]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Denmark[19]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Estonia[20]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Finland[21]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  France[22]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Georgia[23]EliminationMultilateralYesYesEuropean Convention on Extradition
European Union  Germany[24]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Greece[25]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Hong Kong[26]EnumerationBilateralNoProbably notAgreement between the Government of the Kingdom of the Netherlands and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning mutual legal assistance in criminal matters, signed in Hong Kong 26 August 2002; Suspended since 21 October 2020 [27]
European Union  Hungary[28]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Iceland[29]EAWMultilateralYesYesAgreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006
 India[30]EnumerationContinuationProbablyNoContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union  Ireland[31]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Israel[32]EliminationMultilateralYesYesEuropean Convention on Extradition
European Union  Italy[33]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Kenya[34]EnumerationContinuationNoUnknownContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union  Latvia[35]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Liberia[36]EnumerationBilateralNoNoAgreement between the Kingdom of the Netherlands and the Republic Liberia for governing the mutual extradition of criminals, signed in The Hague on 2 February 1895
 Liechtenstein[37]EliminationMultilateralYesNoEuropean Convention on Extradition
European Union  Lithuania[38]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Luxembourg[39]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Malawi[40]EnumerationContinuationNoUnknownContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union  Malta[41]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Mexico[42]EliminationBilateralNoNoExtradition treaty between the Kingdom of the Netherlands and Mexico, signed 16 December 1907 in Mexico DF
 Moldova[43]EliminationMultilateralYesNoEuropean Convention on Extradition
 Monaco[44]EliminationMultilateralUnknownUnknownEuropean Convention on Extradition
 Montenegro[45]EliminationMultilateralYesNoEuropean Convention on Extradition
 New Zealand[46]EnumerationContinuationNoUnknownContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
 North Macedonia[47]EliminationMultilateralYesNoEuropean Convention on Extradition
 Norway[48]EAWMultilateralYesYesAgreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006
 Pakistan[49]EnumerationContinuationNoNoContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
European Union  Poland[50]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Portugal[51]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Romania[52]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Russia[53]EliminationMultilateralProbablyNoEuropean Convention on Extradition
 San Marino[54]EliminationMultilateralYesNoEuropean Convention on Extradition
 Serbia[55]EliminationMultilateralYesProbably notEuropean Convention on Extradition
European Union  Slovakia[56]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
European Union  Slovenia[57]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 South Africa[58]EliminationMultilateralNoUnknownEuropean Convention on Extradition
 South Korea[59]EliminationMultilateralYesUnknownEuropean Convention on Extradition
European Union  Spain[60]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
 Surinam[61]EliminationBilateralNoNoAgreement between the Kingdom of the Netherlands and the Republic of Surinam on the extradition and assistance in criminal matters, signed in The Hague on 27 August 1976
European Union  Sweden[62]EAWMultilateralYesYesCouncil Framework Decision 2002/584/JHA
  Switzerland[63]EliminationMultilateralYesUnknownEuropean Convention on Extradition
 Tanzania[64]EnumerationContinuationNoUnknownContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
 Trinidad and Tobago[65]EliminationBilateralYesYesTreaty between the Kingdom of the Netherlands and Trinidad and Tobago on extradition, signed in Port of Spain on 7th Februari 2003; Not ratified, but provisionally in effect.
 Turkey[66]EliminationMultilateralYesNoEuropean Convention on Extradition
 Uganda[67]EnumerationContinuationNoUnknownContinuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898
 Ukraine[68]EliminationMultilateralYesNoEuropean Convention on Extradition
 United Arab Emirates[69]EliminationBilateralNoProbably notAgreement between the Kingdom of the Netherlands and the United Arab Emirates on extradition, signed in Abu Dhabi on 29 August 2021; Execution of a death sentence or corporal punishment is a ground for refusal; if the extradition of a national is refused, the refusing state must take over the prosecution.
 United Kingdom[70]EAWMultilateralYesYesTrade and cooperation agreement between the European Union and the European Atomic Energy Community, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, signed in Brussels 30 December 2020 (Part III)
 United States[71]CombinationBilateralYesYesExtradition treaty between the Kingdom of the Netherlands and the United States of America, signed in The Hague on 24 June 1980; Execution of a death sentence is a ground for refusal

References
  1. Second Chamber of the States General 1981/82, comments on the US-Netherlands extradition treaty, page 2 (Kamerstukken II 1981/82, 17122, 1, p. 2)
  2. Second Chamber of the States General 1981/82, comments on the US-Netherlands extradition treaty, page 2 (Kamerstukken II 1981/82, 17122, 1, p. 2)
  3. Second Chamber of the States General 1981/82, comments on the US-Netherlands extradition treaty, page 2 (Kamerstukken II 1981/82, 17122, 1, p. 2)
  4. Chart of signatures and ratifications of Treaty 024
  5. Chart of signatures and ratifications of Treaty 024
  6. Treaty between the Kingdom of the Netherlands and the Argentine Republic for the mutual extradition of criminals, signed in Buenos Aires on 7th September 1893 (Staatsblad van het Koninkrijk der Nederlanden 1898 No. 29) (in French and Dutch)
  7. Chart of signatures and ratifications of Treaty 024
  8. Treaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters, signed in Canberra on 26th October 1988 (Australian Treaty Series 1991 No. 20)
  9. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  10. Chart of signatures and ratifications of Treaty 024
  11. Exchange of Notes between the Government of the Commonwealth of the Bahamas and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in Nassau on 28th May 1985 (Tractatenblad van het Koninkrijk der Nederlanden 1986 No. 119)
  12. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  13. Chart of signatures and ratifications of Treaty 024
  14. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  15. Treaty Between Canada and the Kingdom of the Netherlands on Extradition, signed in Montréal on 13th October 1989 (Canada Treaty Series 1991 No. 32)
  16. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  17. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  18. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  19. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  20. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  21. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  22. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  23. Chart of signatures and ratifications of Treaty 024
  24. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  25. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  26. Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning mutual legal assistance in criminal matters, signed in Hong Kong 26th August 2002 (Tractatenblad van het Koninkrijk der Nederlanden 2002 No. 175)
  27. Tractatenblad van het Koninkrijk der Nederlanden 2020 No. 113 (in Dutch)
  28. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  29. Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28th June 2006 (Official Journal of the European Union 2006 No. L 292/2)
  30. Diplomatic correspondence between the Government of India and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in The Hague on 6th August 1971 (Tractatenblad van het Koninkrijk der Nederlanden 1971 No. 198)
  31. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  32. Chart of signatures and ratifications of Treaty 024
  33. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  34. Exchange of Notes between the Government of Kenya and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in Nairobi on 10th November 1967 (Tractatenblad van het Koninkrijk der Nederland 1968 No. 1)
  35. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  36. Agreement between the Kingdom of the Netherlands and the Republic Liberia for governing the mutual extradition of criminals, signed in The Hague on 2nd February 1895 (Staatsblad van het Koninkrijk der Nederlanden 1896 No. 143) (in Dutch)
  37. Chart of signatures and ratifications of Treaty 024
  38. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  39. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  40. Exchange of Notes between the Government of Malawi and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in Blantyre on 28th June 1968 (Tractatenblad van het Koninkrijk der Nederlanden 1968 No. 121)
  41. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  42. Extradition treaty between the Kingdom of the Netherlands and Mexico, signed 16th December 1907 in Mexico DF (Staatsblad van het Koninkrijk der Nederlanden 1909 No. 118) (in Dutch)
  43. Chart of signatures and ratifications of Treaty 024
  44. Chart of signatures and ratifications of Treaty 024
  45. Chart of signatures and ratifications of Treaty 024
  46. Diplomatic correspondence between the Government of New Zealand and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in Wellington on 9th June 1982 (Tractatenblad voor het Koninkrijk der Nederlanden 1982 No. 103)
  47. Chart of signatures and ratifications of Treaty 024
  48. Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28th June 2006 (Official Journal of the European Union 2006 No. L 292/2)
  49. Diplomatic correspondence between the Government of Pakistan and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in The Hague on 24th June 1952 (Tractatenblad van het Koninkrijk der Nederlanden 1971 No. 211)
  50. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  51. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  52. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  53. Chart of signatures and ratifications of Treaty 024
  54. Chart of signatures and ratifications of Treaty 024
  55. Chart of signatures and ratifications of Treaty 024
  56. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  57. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  58. Chart of signatures and ratifications of Treaty 024
  59. Chart of signatures and ratifications of Treaty 024
  60. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  61. Agreement between the Kingdom of the Netherlands and the Republic of Surinam on the extradition and assistance in criminal matters, signed in The Hague on 27th August 1976 (Tractatenblad voor het Koninkrijk der Nederlanden 1979 No. 143) (in Dutch)
  62. Council Framework Decision of June 13 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA) (Official Journal of the European Communities 2002 L 190/1)
  63. Chart of signatures and ratifications of Treaty 024
  64. Exchange of Notes between the Government of Tanzania and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in Dar es Salaam (Tractatenblad van het Koninkrijk der Nederlanden 1968 No. 109)
  65. Treaty between the Kingdom of the Netherlands and Trinidad and Tobago on extradition, signed in Port of Spain on 7th February 2003 (Tractatenblad van het Koninkrijk der Nederlanden 2003 No. 43) (in Dutch)
  66. Chart of signatures and ratifications of Treaty 024
  67. Exchange of Notes between the Government of Uganda and the Government of the Kingdom of the Netherlands on an agreement on the application of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland (signed in London on 26th September 1898), signed in Entebbe 27th January 1967 (Tractatenblad van het Koninkrijk der Nederlanden 1967 No. 132)
  68. Chart of signatures and ratifications of Treaty 024
  69. Agreement between the Kingdom of the Netherlands and the United Arab Emirates on extradition, signed in Abu Dhabi on 29th August 2021 (Tractatenblad van het Koninkrijk der Nederlanden 2021 No. 117)
  70. Trade and cooperation agreement between the European Union and the European Atomic Energy Community, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, signed in Brussels on 30th December 2020 (Official Journal of the European Union 2021 No. L 149/10
  71. Extradition treaty between the Kingdom of the Netherlands and the United States of America, signed in The Hague on 24th June 1980 (United Nations Treaty Series 1984 No. 22924)
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.