Legal Scholar Maurice Swirc Concludes Dutch Government Deliberately Avoided Prosecuting War Crimes in Indonesia
Legal scholar Maurice Swirc, in his dissertation, has concluded that Dutch soldiers committed war crimes in Indonesia during the decolonization war (1945–1949), and the Dutch government deliberately chose not to prosecute these crimes. Swirc's research indicates that humanitarian law of war was applicable at the time, making gross violations prosecutable under Dutch criminal law. Prominent legal scholars of the era, including Professors Van Bemmelen, Kisch, Röling, and international law expert Mouton, acknowledged this legal framework. Despite the legal avenues available, successive Dutch governments consciously decided against criminal investigations or prosecutions, establishing impunity as the norm. This decision was partly driven by fears among government officials that prosecutions would raise questions about the responsibility of military leadership and themselves. Furthermore, Swirc identifies the 1971 Statute of Limitations as a deliberate political choice, worded to ensure that war crimes committe...