Denial or dutifulness: Dutch courts and decisions of international human rights courts

Decisions of international (human rights) courts are increasingly contested, also by national courts who are essential for ensuring compliance with such decisions. In times of backlash, it is crucial to understand how, when and why national courts engage with international decisions. The Netherlands, where a high level of engagement is expected, serves as a most-likely case to test seven potential explanations. The structured case law analysis and 19 interviews with judges of Dutch apex courts show that the case law of international human rights courts occupies an important place. Legal explanations are decisive for their engagement with international decisions.