It Takes Two to Tango A Legal Analysis of the Dual Oversight Regime Governing the Use of Force by the Netherlands Armed Forces

The legal oversight system concerning the use of force by the Netherlands armed forces is characterised by two mechanisms which, although applied by different governmental entities, are linked to each other. On the one hand there is a mechanism used by the Ministry of Defence consisting of a reporting and investigation procedure and on the other hand there is a mechanism, an investigative procedure, used by the Public Prosecution Service. This study examines the question to what extent this legal oversight system does conform to the rule of law, considering the obligations and standards set by international law and to the extent it falls short, how can it be improved.
To answer this question, first the current reporting and investigation procedures will be examined. Next, it will be studied how legal oversight relates to the concept of the rule of law. Then the obligations and standards concerning legal oversight under the Law of Armed Conflict and Human Rights law are explored. The reporting and investigation procedures are then assessed against this conceptual and international legal framework.
The final conclusion of this study is that parts of the legal oversight system concerning the use of force by the Netherlands armed forces are inadequately designed, meaning that the system’s effectiveness cannot be sufficiently guaranteed.