Ybo Buruma, the outgoing judge at the Supreme Court of the Netherlands, reflects on his career, the evolving perception of serious criminals, and the importance of upholding the rule of law. After decades as a prominent media commentator on criminal law, Buruma joined the Supreme Court in 2011, which required him to cease public commentary to avoid prejudicing potential cases.

Buruma explains his decision to join the Supreme Court stemmed from a desire to apply his knowledge directly and take responsibility for judicial decisions. He acknowledges a degree of vanity in accepting the prestigious position. He highlights a 2012 case regarding the theft of virtual goods in the game Runescape, where the Supreme Court ruled that such theft was punishable, setting a legal precedent.

Buruma notes a significant shift in public perception of serious criminals over the past 25 years. He contrasts the earlier image of criminals as ordinary individuals with the current tendency to demonize them. He argues this “monster” image is dangerous because it dehumanizes individuals and can lead to miscarriages of justice. Buruma acknowledges the hardening of organized crime and increased threats against officials, but cautions against using these developments to justify measures that undermine the rule of law.

He expresses concern over the expansion of the crown witness scheme, fearing it could escalate violence within criminal organizations and create new victims. Buruma also criticizes the increasing anonymity sought by judges and prosecutors, arguing it projects fear and suggests a presumption of guilt.

Buruma defines the rule of law by several criteria, including government adherence to the law, citizen access to legal protection, fundamental rights, equal treatment under the law, and access to courts. He emphasizes the rule of law is a continuous, evolving process, influenced by the times, and never truly “finished”.

He recounts an experience with Russian lawyers who struggled to understand the independence of Dutch judges, illustrating the fragility of the rule of law. Buruma warns against the increasing trend of Dutch politicians criticizing court rulings, viewing it as a threat to judicial independence. He references examples of political interference with the judiciary in other countries, like Poland, as cautionary tales.

Reflecting on his appointment to the Supreme Court, which faced opposition due to his past political affiliations and criticism of Geert Wilders, Buruma maintains his independence was never compromised. He discusses potential vulnerabilities in the Dutch system for appointing judges, suggesting reforms to prevent political manipulation.

Buruma concludes by emphasizing the role of citizens in safeguarding the rule of law, urging vigilance and resistance against injustice.