Case: Abdul Jawad A. K. -

Case No:5-2 StE 5/17-4; 3 StR 394/20 - 2nd Inst. Verdict – Final


Prosecuting Country: Germany
Nationality: Syrian

Sentence

2nd Instance:

Life imprisonment with particular severity of guilt

1st Instance:

Life imprisonment with particular severity of guilt

Case Summary


Abdul Jawad A. K., Syrian national, was involved in the founding of a jihadist combat unit (Katiba), which became a part of Jabhat al-Nusra (JaN) in autumn 2012. As leader of the combat unit, he was a member of a foreign terrorist organisation from 2012 until 2014. In this capacity, Abdul Jawad A. K. was, among others, involved in the detention of several prisoners of war whom he subjected to a Sharia judge. Abdul Jawad A. K. eventually executed the death sentence rendered by the Sharia judge without due process. On 2 June 2016, Abdul Jawad A. K. was arrested in Germany and later indicted for among others, 36 counts of war crimes of murder. However, the final charges were reduced to less counts and followed by a verdict on 13 January 2020 when Abdul Jawad A. K. was found guilty of membership in a foreign terrorist organisation, war crimes of murder and extrajudicial killing, as well as several domestic charges. On 10 August 2021, the Court of Appeal confirmed the first instance verdict and sentence of ‘life imprisonment with particular severity of guilt’.

Criminal Case Records


Indictment

28 April 2017
Core International Crimes Charges
  • 21 counts of war crime of murder; 21 counts of war crime of extrajudicial killings

Terrorism Charges
  • 2 counts of membership in a terrorist organisation; 1 count of founding a terrorist organisation; 4 counts of ringleadership in a terrorist organisation

Other Domestic Charges
  • 1 count of violation of weapons of war control laws; 21 counts of murder; 21 counts of deprivation of liberty resulting in death; 1 count of causing an explosion

Verdict

2nd Instance:

  • Core International Crimes
  • 19 counts of war crime of murder; 19 counts of war crimes of extrajudicial killings

  • 2 counts of membership in a foreign terrorist organisation; 1 count of founding a foreign terrorist organisation; 4 counts of ringleadership in a foreign terrorist organisation

  • Domestic Crimes
  • 1 count of violation of weapons of war control laws; 19 counts of murder; 19 counts of deprivation of liberty resulting in death

1st Instance:

  • Core International Crimes
  • 19 counts of war crime of murder; 19 counts of war crimes of extrajudicial killings

  • 2 counts of membership in a foreign terrorist organisation; 1 count of founding a foreign terrorist organisation; 4 counts of ringleadership in a foreign terrorist organisation

  • Domestic Crimes
  • 1 count of violation of weapons of war control laws; 19 counts of murder; 19 counts of deprivation of liberty resulting in death

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 2nd Inst. Verdict – Final

Verdict status: Partial Acquittal

Case details

Case details

Affiliated group: Jabhat al-Nusra (JaN)

Travelled to conflict zone: Resident in conflict zone

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Universal Jurisdiction

Sentencing Data


Mitigating Factors

  • Terrorist organisation which the defendant first joined was relatively moderate in the beginning
  • Defendant had relatable reasons to join armed resistance against the Syrian regime
  • Terrorist organisation which the defendant joined next was largely comprised of relatives
  • Commission of crimes happened a considerable time ago
  • Participation in terrorist organisations was temporarily limited
  • No criminal record
  • Severity of ongoing detention
  • Provided extensive statements on some of the charges • Partial confession

Aggravating Factors

  • Radical orientation of the terrorist organisations
  • Defendant's Jihadist motivation
  • Defendant led a combat unit within a terrorist organisation
  • Large number of victims that the defendant killed

Evidence Used

  • Defendant's own statements
  • Witness testimony
  • Expert report
  • Expert testimony
  • Open-source videos posted by terrorist organisation
  • Audiovisual testimony by anonymised Dutch witness
  • Testimony of defendant in other terrorism trial

Sources


Indictment – Press Release

1st Instance Verdict – Full Judgment

2nd Instance Verdict – Full Judgment