# List of Dutch extradition treaties

The Netherlands has, in the light of assistance in criminal matters, concluded treaties for the extradition of suspects and fugitive convicts with several states. The treaties can bi- as well as multilateral. With some countries the Netherlands has both bi- and multilateral treaties at the same time. In those cases, most of the time the multilateral one is the most novel[clarification needed], and thus is the one applied. There are countries with which the Netherlands has a classic[clarification needed] extradition treaty and countries which fall, together with the Netherlands, under the system of the European Arrest Warrant. Some countries do not extradite their own nationals. The Netherlands does. Moreover, it even does not require reciprocity on the matter. The Netherlands will, however, not extradite when there is a chance the extraditee will be sentenced to death.

## Types of extradition

There are two régimes under which individuals can be surrendered to another state to stand trial or to undergo their sentence:
1. The régime of surrendering under the European Arrest Warrant. This régime is exclusively applicable within the European Union and with Iceland, Norway and the United Kingdom. This system is based on Council Framework Decision 2002/584/JHA . The Netherlands has implemented this decision the Overleveringswet (Surrendering Act).
2. The régime of extradition is used for all other countries. In the Netherlands, extradition is exclusively possible if there is a treaty with the requesting country. The execution of the treaties is governed by the Uitleveringswet (Extradition Act).

## Types of treaties

There are, roughly speaking, four types of establishing dual criminality:
1. The enumeration system - In this system, the crimes which can lead to extradition are explicitly listed in the treaty. Dual criminality is however required.
2. The elimination system - In this system, there is no list. Dual criminality is established if the crime is punishable in both countries and is threatened with a minimum maximum penalty in both countries. The minimum maximum penalty is established in the treaty concerned. In case of extradition for execution, the treaty provides a minimum remaining term of sentence which still had to be served.
3. The combination system - These are treaties with a list and a minimum maximum sentence. If the extradition cannot take place because the maximum penalty in one of the countries does not fulfill the minimum established in the treaty, extradition can still happen if the crime is listed in the treaty.
4. All the above systems have the requirement that the crime must be punishable in both countries. Type number 4, the European Arrest Warrant (EAW), does not always have that requirement. Requests from other EU member states are treated like the above mentioned combination system, with the exception for dual punishability. This is not required for crimes on the list.

## List of extradition treaties

| Country | System | Treaty type | Extradition of Dutch nationals | Extradition of nationals to the Netherlands | Remarks |
| Albania | Elimination | Multilateral | Probably | No | European Convention on Extradition |
| Andorra | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| Argentina | Enumeration | Bilateral | No | No | Treaty between the Kingdom of the Netherlands and the Argentine Republic for the mutual extradition of criminals, signed in Buenos Aires on 7 September 1893 |
| Armenia | Elimination | Multilateral | Probably | No | European Convention on Extradition |
| Australia | Elimination | Bilateral | Yes | Probably | Treaty between Australia and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters, signed in Canberra on 26 October 1988 |
| Austria | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Azerbaijan | Elimination | Multilateral | Probably | No | European Convention on Extradition |
| Bahamas | Enumeration | Continuation | Probably | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| Belgium | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Bosnia and Herzegovina | Elimination | Multilateral | Probably | Unknown | European Convention on Extradition |
| Bulgaria | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Canada | Elimination | Bilateral | Yes | Yes | Treaty Between Canada and the Kingdom of the Netherlands on Extradition, signed in Montréal in 13 October 1989 |
| Croatia | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Cyprus | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Czech Republic | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Denmark | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Estonia | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Finland | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| France | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Georgia | Elimination | Multilateral | Yes | Yes | European Convention on Extradition |
| Germany | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Greece | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Hong Kong | Enumeration | Bilateral | No | Probably not | Agreement between the Government of the Kingdom of the Netherlands and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning mutual legal assistance in criminal matters, signed in Hong Kong 26 August 2002; Suspended since 21 October 2020 |
| Hungary | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Iceland | EAW | Multilateral | Yes | Yes | Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006 |
| India | Enumeration | Continuation | Probably | No | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| Ireland | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Israel | Elimination | Multilateral | Yes | Yes | European Convention on Extradition |
| Italy | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Kenya | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| Latvia | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Liberia | Enumeration | Bilateral | No | No | Agreement between the Kingdom of the Netherlands and the Republic Liberia for governing the mutual extradition of criminals, signed in The Hague on 2 February 1895 |
| Liechtenstein | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| Lithuania | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Luxembourg | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Malawi | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| Malta | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Mexico | Elimination | Bilateral | No | No | Extradition treaty between the Kingdom of the Netherlands and Mexico, signed 16 December 1907 in Mexico DF |
| Moldova | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| Monaco | Elimination | Multilateral | Unknown | Unknown | European Convention on Extradition |
| Montenegro | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| Morocco | Elimination | Bilateral | No | No | Treaty Between the Kingdom of the Netherlands and the Kingdom of Morocco on Extradition, signed in Rabat on 18 December 2023; Not yet into force; A death penalty will, by virtue of the treaty, automatically be converted to the maximum penalty of the requesting party; If the extradition of a national is refused, the refusing state must take over the prosecution. |
| New Zealand | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| North Macedonia | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| Norway | EAW | Multilateral | Yes | Yes | Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, signed in Vienna on 28 June 2006 |
| Pakistan | Enumeration | Continuation | No | No | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| Poland | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Portugal | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Romania | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Russia | Elimination | Multilateral | Probably | No | European Convention on Extradition |
| San Marino | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| Serbia | Elimination | Multilateral | Yes | Probably not | European Convention on Extradition |
| Slovakia | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Slovenia | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| South Africa | Elimination | Multilateral | No | Unknown | European Convention on Extradition |
| South Korea | Elimination | Multilateral | Yes | Unknown | European Convention on Extradition |
| Spain | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Surinam | Elimination | Bilateral | No | No | Agreement between the Kingdom of the Netherlands and the Republic of Surinam on the extradition and assistance in criminal matters, signed in The Hague on 27 August 1976 |
| Sweden | EAW | Multilateral | Yes | Yes | Council Framework Decision 2002/584/JHA |
| Switzerland | Elimination | Multilateral | Yes | Unknown | European Convention on Extradition |
| Tanzania | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| Trinidad and Tobago | Elimination | Bilateral | Yes | Yes | Treaty between the Kingdom of the Netherlands and Trinidad and Tobago on extradition, signed in Port of Spain on 7th Februari 2003; Not ratified, but provisionally in effect. |
| Turkey | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| Uganda | Enumeration | Continuation | No | Unknown | Continuation of the Extradition Treaty between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Ireland, signed in London on 26 September 1898 |
| Ukraine | Elimination | Multilateral | Yes | No | European Convention on Extradition |
| United Arab Emirates | Elimination | Bilateral | No | Probably not | Agreement between the Kingdom of the Netherlands and the United Arab Emirates on extradition, signed in Abu Dhabi on 29 August 2021; Execution of a death sentence or corporal punishment is a ground for refusal; if the extradition of a national is refused, the refusing state must take over the prosecution. |
| United Kingdom | EAW | Multilateral | Yes | Yes | Trade and cooperation agreement between the European Union and the European Atomic Energy Community, on the one part, and the United Kingdom of Great Britain and Northern Ireland, on the other part, signed in Brussels 30 December 2020 (Part III) |
| United States | Combination | Bilateral | Yes | Yes | Extradition treaty between the Kingdom of the Netherlands and the United States of America, signed in The Hague on 24 June 1980; Execution of a death sentence is a ground for refusal |