Arrested in The Hague: courts, institutions and the coast
The Hague hosts more international courts and organisations than any other city, and that raises a question no other Dutch city puts as often: whether a person enjoys immunity, and of what kind. Staff of international organisations, diplomatic personnel and their families may hold immunities of very different scope, some absolute, some confined to official acts, some capable of being waived by the organisation. It is established from the person's status and from the governing instrument, not asserted at a police station. Everything else follows the ordinary Dutch sequence of a questioning window, a further period on the prosecutor's order, and then a judge.
Two mistakes recur and both are expensive: assuming that immunity covers private conduct, which for most categories it does not, and relying on it without notifying the organisation, which is the only body that can raise or waive it.
Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954
In brief
- Immunity is a question of status and of the instrument governing it, so the answer comes from documents held by an employer rather than from anything said during an arrest.
- Many categories of immunity extend only to acts performed officially, which leaves private conduct exposed in the ordinary way.
- The organisation or the sending state decides whether immunity is raised or waived, and the individual cannot do either, which is why early notification matters.
- Family members may hold a different and narrower status than the staff member they accompany, and it is often assumed to be identical.
- Where immunity does not apply, the file proceeds exactly as any other Dutch criminal matter, with a questioning window, a further period ordered by the prosecutor, and then a judge on provisional detention.
- A residence permit and the housing attached to a posting frequently depend on the employment, so the consequences of a case reach beyond the criminal court.
- The coast at Scheveningen brings a summer caseload of nightlife and public order matters that has nothing to do with the institutions.
- Demonstrations in a city of institutions are frequent and international, and the files arising from them are ordinary public order proceedings.
The question that arises here
Staff of international organisations, diplomatic personnel and their families may hold immunities of very different scope: some absolute, some limited to official acts, some waivable by the organisation. It is not a defence to be asserted informally — it is established from the person's status and from the instrument that governs it.
Two mistakes recur. Assuming immunity covers private conduct, which for most categories it does not. And relying on it without notifying the organisation, which is the only body that can raise or waive it.
The Dutch clock, in short
Nine hours for questioning, up to three days on the prosecutor's order, then a judge on provisional detention. The full framework is in the guide for the Netherlands.
The rest of the caseload
- Scheveningen and the coast, where the summer season produces nightlife and public order cases.
- Demonstrations, which in a city of institutions are frequent and international.
- Theft accusations in the centre and around the stations.
- Drink driving on the routes to Rotterdam and Amsterdam.
- Financial and compliance matters, given the concentration of institutions and contractors.
Immunity is not a single thing, and the differences between categories decide whether it is any use at all.
| Category | Usual scope | What it does not cover |
|---|---|---|
| Diplomatic personnel | Broad protection while accredited | Conduct after accreditation ends |
| Staff of international organisations | Frequently limited to acts performed officially | Private conduct, including driving and disputes |
| Administrative and technical staff | Narrower, defined by the governing instrument | Matters outside the functions described in it |
| Family members | Derived, and often narrower than assumed | Independent activity and employment |
| Contractors and consultants | Usually none, whatever the badge suggests | Everything, unless an instrument says otherwise |
The Italian side
Where an Italian proceeding, a warrant or an alert exists, the two fronts run together. The model is in how a correspondent case is run; where the matter concerns a foreign law firm instructing in Italy, see the note for foreign law firms.
Frequently asked questions
Does my immunity cover this?
It depends on its scope. Many categories cover official acts only, and immunity has to be established from the person's status and the governing instrument rather than asserted.
Who can waive immunity?
The organisation or sending state, not the individual. That is why notifying it early matters.
How long can Dutch police hold me?
Nine hours for questioning and then up to three days on the prosecutor's order, before a judge decides on provisional detention.
Is the procedure different from Amsterdam?
No. The same national rules apply throughout the Netherlands; what differs is the kind of case.
If this is happening now
If immunity may apply, the organisation has to be notified early: it is the only body that can raise or waive it. First contact is free and covered by professional privilege, at any hour.
Whatever the scope, immunity only operates if the right body is told. The sequence matters as much as the status.
| Step | Who acts | What happens if it is skipped |
|---|---|---|
| Establishing status | The employer, from its own records | Assertions at the station carry no weight |
| Notifying the organisation | The person or counsel, immediately | Nobody raises the immunity on your behalf |
| Raising it with the authorities | The organisation or sending state | The ordinary file proceeds regardless |
| Decision on waiver | The organisation or sending state | Decided without your position being presented |
| Preparing the ordinary defence | Counsel, in parallel | Time is lost if immunity does not apply after all |
Status, immunity and what to say about both
The Hague raises a question that arrests elsewhere in the Netherlands seldom do: whether the person arrested holds an immunity, and of what kind. How you handle that question in the first hours matters.
Assert immunity at once, or keep quiet until it is established. It is tempting to announce that you are protected. An informal claim, made loudly at a station, rarely helps. Immunity is established from your status and from the instrument that governs it, and it takes documents and the right channel. Overclaiming can irritate officers and create a record of statements you later wish you had not made. Say who you are, ask for a lawyer, and show your identification.
Contact your organisation, or take advice first. Staff of international organisations often have an internal office that deals with such matters, and some immunities can be waived only by the organisation. Contacting it is sensible, but what you tell it may reach the authorities. Speak to a lawyer before you give a detailed account.
Rely on your embassy, or on a lawyer. A diplomatic mission can confirm status and help with communication, but it cannot defend you. Treat it as a channel, not a lawyer.
For everyone else: explain, or ask for a lawyer. The rest of the caseload follows the ordinary pattern for a large coastal city. Ask for a lawyer and an interpreter, and say little else.
A posting, a family and a residence tied to a job
For staff of courts, institutions and missions, an arrest has consequences beyond the criminal file. A posting is often tied to a fixed term. A residence status may depend on the post. Family members, including children at international schools, may hold status derived from yours, and an incident can raise questions about all of it at once.
Your employer or organisation may start its own inquiry and ask for an account. Such inquiries are not necessarily confidential, and what you write may reach the authorities. A short factual note is better than a long narrative.
Two mistakes recur. The first is assuming that immunity covers private conduct, which for most categories it does not. The second is assuming that immunity means nothing can happen. Even where immunity applies, the organisation may take steps, the home country may be told, and a career may be affected.
Those without any immunity, a large group, are in an ordinary position. Visitors lose flights and hotel bookings. Residents face employers, landlords and neighbours. Students, tourists and business travellers meet the same practical problems as anywhere else: missed connections, a family at home that wants to help, and a phone that may be taken.
The city on the coast brings the usual nightlife cases: fights, drugs at the low end and complaints on both sides. These are separate from the institutional questions, and the practical issues are the ordinary ones.
Papers that prove status and papers that prove what happened
- Passport and identification, with photographs of every page.
- Documents showing your status: accreditation, a card issued by the host state, or a letter from your organisation.
- The instrument or contract governing your post, if you hold it, which sets out the scope of any immunity.
- Documents on your family's status, if dependants hold status derived from yours.
- The name of the contact in your organisation who deals with legal matters.
- Papers served on you, with the officer's name and the time.
- Messages and photographs relating to the incident, preserved without editing.
- Names of people who saw what happened, kept privately.
- Medical records for any injury, with the doctor's name.
Beyond the institutions this is an ordinary Dutch city, and the rest of the caseload looks like anywhere else on the coast.
| Setting | Typical file | Point worth noting |
|---|---|---|
| Scheveningen and the beach | Nightlife incidents and public order in season | Venue footage is held briefly and must be requested |
| Demonstrations | Public order and obstruction allegations | Participation must be tied to specific conduct |
| Stations and the centre | Theft accusations made in crowds | The identification conditions are the live issue |
| Roads towards the other cities | Drink driving and traffic matters | The testing procedure is what can be examined |
| Institutions and contractors | Financial and compliance proceedings | Individual and employer may need separate advice |
Questions to put to a lawyer about immunity and the ordinary file
- Do I hold an immunity, of what kind, and how is it established?
- Does it cover what I am accused of, or only official acts?
- Can it be waived, and by whom, and what happens if it is?
- Should I contact my organisation, and what should I tell it?
- What are the deadlines the law sets, and who meets them?
- What happens to my posting, my residence status and my family's status?
- If I have no immunity, how is the case handled?
- Can I leave the country, and what attendance is required?
- How is the work divided between the local lawyer and the firm?
How the firm handles a status question in the Netherlands
Contact the firm by phone or by email to avvmassimoromano@gmail.com. A relative or a representative of your organisation may begin the engagement, though the firm acts for the individual and asks clearly who its client is. The opening call asks where you are, what papers you hold, what your status is and whether you have said anything.
The firm does not appear as counsel in Dutch courts. It briefs a locally admitted lawyer, who deals with the authorities and handles any question about immunity, and it coordinates the work. The Italian side includes communication with the family, coordination of documents and handling of any Italian element, such as an Italian national, an Italian employer or an Italian institution. Where an international organisation is involved, the firm works to keep the organisation's inquiry and the criminal file apart.
Work is in English and Italian, and interpreters for Dutch are arranged through the local lawyer. The firm is reachable outside office hours. Documents can be sent as photographs or scans by email.
After the first contact, a written note records who acts for whom and what is needed next.
What to avoid, with or without immunity
- Do not claim immunity loudly or repeatedly. It irritates officers and does not establish anything.
- Do not assume immunity covers private conduct. For most categories it does not.
- Do not give your organisation a detailed account before taking advice. It may be passed on.
- Do not sign a protocol in Dutch you cannot read.
- Do not post about it. Employers, institutions and authorities read social media.
- Do not discuss the case with colleagues. They may be called as witnesses.
- Do not delete messages. Deletion looks like concealment and is often reversible.
Words on immunity and arrest papers
Immunity. A protection from the local courts that some people hold because of their status. Its scope varies widely.
Absolute immunity. A protection that covers all conduct, held by very few people.
Official acts. Conduct carried out as part of the job. Many immunities cover only this.
Waiver. A decision by the organisation or state to lift the immunity so that the local courts can act.
Diplomatic personnel. Staff of missions and their families, whose immunity depends on the instrument that governs it.
European Arrest Warrant, extradition and Red Notice. Procedures and alerts by which a person is handed to another country or held for it.
About the lawyer
Most people reach this office in the middle of something they did not plan for: an arrest in another country, a search at dawn, a summons that arrived while they were away from Italy. The first conversation is with Avv. Massimo Romano himself, not with a secretary who takes a message. He is a criminal defence lawyer admitted to plead before the Italian Court of Cassation, and his work has long centred on Italian criminal procedure, European arrest warrants and extradition. On that first call he asks what documents exist, who has seen the person detained, and which authority is involved. No assessment is given before the papers have been read. Afterwards he sets out, in writing, what can be done from Italy and what has to be done where the person is held. Relatives who do not speak Italian are not left translating for themselves: the office speaks with the family in English, by telephone and in writing.
Call the office, or write on WhatsApp if that is easier from abroad. Have to hand the full name of the person involved, the city and country where they are held, and any document already received, even as a photograph.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp