Consistency needed in Dutch government's approach to international law
In the media image: Andrew Stutesman on Unsplash
‘The government should be more consistent in its approach to international law,’ says Daniëlla Dam-de Jong, Professor of International Law and Chair of the Advisory Committee on Issues of Public International Law in ‘NRC’.
The Advisory Committee on Issues of Public International Law (CAVV), an independent Dutch advisory body, recently presented an unsolicited advisory opinion to Foreign Minister Tom Berendsen. ‘The government needs to start speaking the language of international law again,’ says Daniëlla Dam-de Jong. The CAVV is concerned that the government is undermining international law. It is rare for the committee to issue an unsolicited opinion to the government. ‘We only do that when we notice something not right in the political debate,’ explains the committee’s chair.
The CAVV claims the government has adopted an ‘inconsistent stance’ on a number of international law issues. At the United Nations General Assembly, Prime Minister Rob Jetten warned of potential US sanctions against the International Criminal Court in The Hague, but stopped short of addressing the Trump administration directly. According to the CAVV’s advisory opinion, the Dutch government has also been reluctant to take a clear stance on the war in Gaza. The government expressed ‘understanding’ for the US attack on Iran, which international law experts have characterised as unlawful. By contrast, it has taken a clear stance against Russia’s war of aggression in Ukraine.
The Netherlands has a clear interest in upholding international law, which ultimately lays down the rules of the game. While major powers such as China and the United States may appear to override the interests of small and medium-sized states, large countries, too, are bound by international rules. The CAVV therefore recommends placing Article 90 of the Constitution at the heart of government policy to ensure that international law serves as the guiding principle in Dutch foreign policy.
More information?
- Read the full article in NRC (€, in Dutch)
- Listen to the radio broadcast Rode Draad NPO1 (in Dutch)