Elies van Sliedregt (lid KNAW): 'The rule of law is being undermined in the US – my greatest concern is that these ideas will take root here in the Netherlands'

1. What tangible effects have you noticed from the new American science policy?"My research focuses on the prosecution of international crimes such as genocide, aggression, and crimes against humanity, at both national and international levels. Currently, I'm leading a five-year international research project funded by the European Research Council (ERC). Together with an international team, I'm studying eight countries with similar policies, a group that, until recently, included the US. Under President Biden, despite the US not being a member of the ICC, there was significant activity regarding the prosecution of international crimes. Under Trump, this has abruptly halted, which is deeply regrettable and frustrating. Consequently, I've decided to remove the United States from my research project and replace it with another country. US policy is currently stagnant, investment is minimal, and my American colleagues are experiencing far less support."

2. What, in your view, is the biggest threat of American policy for the Netherlands?"Trump is actively and rapidly undermining the foundations of the rule of law. He openly challenges the separation of powers, publicly questions judicial rulings, forbids law firms from representing civil servants, and circumvents Congress with Executive Orders. He has imposed sanctions on employees of the International Criminal Court (ICC), severely obstructing their work. For Trump, the principle that no one is above the law appears no longer to apply. His brazen, almost triumphant approach sends a dangerous signal to the rest of the world, emboldening autocrats and dictators. My greatest worry is that this ideology could also take root here in the Netherlands. Trust in science and the principles underpinning the rule of law is being eroded, including by populist forces within our own country. The rule of law is more vulnerable than we realise and must be actively safeguarded."

3. What action must the Netherlands take now to protect the rule of law from harm?"More than ever, I feel a moral obligation to instil in students and future lawyers the value of the rule of law and the separation of powers. Even in the Netherlands, the rule of law is under pressure; some politicians openly criticise judicial decisions, undermining its integrity. I believe we have become somewhat naive and complacent. We must immediately invest in preserving and strengthening our own rule of law and the international legal system. Furthermore, the Netherlands should work closely with European partners to invest in scientific and international collaboration. We must remain attractive to international talent. For the European Union, this is the moment to actively promote the fundamental values on which it was founded—freedom, democracy, and the rule of law. As the host country of major international courts, including the ICC and the International Court of Justice, we bear a unique responsibility in this regard."