Case: Nadine K. -

Case No:2 StE 9/22 - 1st Inst. Verdict – Appeal Pending


Prosecuting Country: Germany
Nationality: German

Sentence

1st Instance:

9 years and 3 months imprisonment

Case Summary


Nadine K. and her husband allegedly willingly joined ISIS in Syria in December 2014. Shortly after arrival, Nadine K. and her husband moved to ISIS controlled territory in Iraq where Nadine K.’s husband worked as a doctor for ISIS. Nadine K. and her husband, are said to have accommodated various female ISIS affiliates and were paid for these services by ISIS. In April 2016, Nadine K.’s husband allegedly brought home a Yazidi women whom he was gifted as a slave. Nadine K. is suspected to have forced the Yazidi woman to run the household, and take care of her children. She also allegledly ensured that the Yazidi woman was unable to leave the house and prevented from contacting her family. In summer 2016, Nadine K. left Mosul with her family and moved on to Syria. They allegedly took the Yazidi women with them and moved again several times around Syria. Nadine K.’s husband is suspeceted to have repeatedly raped the Yazidi woman. Nadine K. was allegedly aware of that and facilitated this with her actions. In march 2019, Nadine K., her husband, the two children and the Yazidi woman were arrested by Kurdish forces. Nadine K. refused to be repatriated to Germany in 2020 and only agreed thereto in 2022. She was arrested upon arrival, indicted and in June 2023 found guilty of among others, several crimes against humanity, genocide, and membership in a foreign terrorist organisation. However, the Judges could not find beyond reasonable doubt that the house in which the defendant and her husband lived in was illegally seized by ISIS, defendant was thus acquitted of the war crime of pillaging. The judgement was appealed.

Criminal Case Records


Indictment

16 September 2022
Core International Crimes Charges
  • 1 count of aiding and abetting genocide by enslavement; 2 counts of co-perpetrating war crime of pillaging; 1 count of aiding and abetting crimes against humanity of rape; 1 count of co-perpetrating crimes against humanity of deprivation of liberty

Terrorism Charges
  • 3 counts of membership in a terrorist organisation

Other Domestic Charges
  • 1 count of violation of weapons of war control laws; 1 count of human trafficking for exploitation purposes; 1 count of using severe deprivation of liberty for exploitation of labour

Verdict

1st Instance:

  • Core International Crimes
  • 1 count of crimes against humanity of enslavement; 1 count of crimes against humanity of severe deprivation of liberty; 1 count of crimes against humanity of persecution; 1 count of aiding and abetting crimes against humanity of persecution; 1 count of aiding and abetting genocide by persecution; 1 count of aiding and abetting genocide by forced displacement; 1 count of aiding and abetting genocide by sexual violence; 1 count of aiding and abetting war crimes of sexual violence; 1 count of aiding and abetting war crime of forced displacement

  • Terrorism Crimes
  • 3 counts of membership in a foreign terrorist organisation

  • Domestic Crimes
  • 1 count of violation of weapons of war control laws; 1 count of human trafficking for exploitation purposes; 1 count of using severe deprivation of liberty for exploitation of labour

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 1st Inst. Verdict – Appeal Pending

Verdict status: Partial Acquittal

Case details

Case details

Affiliated group: ISIS

Travelled to conflict zone: Yes

Prosecution

Prosecution

Special procedure: N/A

Ground of jurisdiction: Active Personality

Sentencing Data


Mitigating Factors

  • Placement in Kurdish camps, however, defendant refused to be repatriated in 2020 and only agreed to it in 2022

Aggravating Factors

No data


Evidence Used

  • Plaintiff testimony
  • Expert testimony
  • Witness testimony

Sources


Indictment – Press Release

1st Instance Verdict – Press Release