Seeking Justice, Guaranteeing Protection and Ensuring Due Process: Addressing the Tensions between Exclusion from Refugee Protection and the Principle of Universal Jurisdiction

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Efforts to secure protection for refugees in the Netherlands are being undermined by over-enthusiastic use of the exclusion principle in refugee status determination procedures. Inappropriate use of the exclusion principle is tied to accelerated (albeit ineffective) efforts to secure justice for human rights violators. As this article argues, the tensions that arise are unacceptable, but can be appropriately addressed through a (re)commitment to both principles and pragmatism. A principled commitment would ensure that due process is thoroughly respected in asylum determination procedures. This must be accompanied by a pragmatic, rights-based application of the aut dedere aut judicare principle (extradite or prosecute), reinforced by strengthened coordination between the government agencies responsible for asylum and prosecution.