The Hoge Raad during the German Occupation of the Netherlands

This chapter discusses the role of the Dutch Supreme Court (Hoge Raad) during the German occupation. After explaining the position of the court in the context of the occupation regime, international law and domestic law and politics, it turns to the effects of several occupation regime measures like the introduction of new courts and personnel policy on work of the court. As a pivotal case representing the court’s occupation strategy, the review case from 1942 is treated in detail. The post-war period and the court’s legitimacy crisis are considered before evaluating the performance of the court in light of their constitutional and societal task.