Practice Relating to Rule 135. Children
Section D. Death penalty on children
The Military Manual (1993) of the Netherlands provides: “The death penalty shall not be pronounced on persons who were under the age of eighteen years of age at the time of the offence.”
The Military Manual (2005) of the Netherlands states:
Section 11 - Prosecutions and procedural guarantees
1071. The prosecution and punishment of offences relating to the armed conflict should be subject to the following conditions (this relates to the bearing of arms and the committing of offences and war crimes during the internal armed conflict):
- for parties which still maintain capital punishment, the death penalty must not be imposed on persons who were younger than 18 years old at the time of committing the offence, on pregnant women or on women who are mothers of young children.
The Netherlands has abolished capital punishment. No Dutch judicial authority may pronounce a death sentence. Furthermore, the Netherlands may not agree to hand over persons under Dutch jurisdiction who are suspected or convicted of an offence carrying the death penalty, unless guarantees are given that the death penalty will not be carried out.