Case: Oussama A. -

Case No:09/748003-18; 09/748003-19; 2200392619; 21/00479 - 3rd Inst. Verdict – Final


Prosecuting Country: Netherlands
Nationality: Dutch

Sentence

3rd Instance:

7 years imprisonment

2nd Instance:

7 years imprisonment

1st Instance:

7 years and 6 months imprisonment

Case Summary


Oussama A., a Dutch citizen, travelled to Syria and joined ISIS in August 2014. During his time in Syria, he was part of a sniper battalion, received a salary from ISIS and circulated online images of himself posing and smiling next to the crucified body of a victim of ISIS executions. In 2016, he defected to the Free Syrian Army and in November of the same year fled to Turkey, where he was arrested, tried and sentenced. However, the sentence was not fully enforced and Oussama A. was deported to the Netherlands in July 2018, where he was arrested upon arrival. On 23 July 2019, he was convicted of a war crime of outrage upon personal dignity, membership in a foreign terrorist organisation, and preparation of terrorist crimes, resulting in a sentence of 7 years and 6 months imprisonment. On 26 January 2021, the Court of Appeal reduced the sentence to 7 years imprisonment. Oussama A. appealed a second time, but the Supreme Court rejected the appeal on 5 April 2022.

Criminal Case Records


Indictment

15 October 2018
Core International Crimes Charges
  • 3 counts of war crime of outrage upon personal dignity

Terrorism Charges
  • 5 counts of membership in a terrorist organisation; 6 counts of preparation of terrorist crimes

Verdict

3rd Instance:

  • Core International Crimes
  • 1 count of war crime of outrage upon personal dignity

  • 4 counts of membership in a foreign terrorist organisation; 2 counts of preparation of terrorist crimes

2nd Instance:

  • Core International Crimes
  • 1 count of war crime of outrage upon personal dignity

  • 4 counts of membership in a foreign terrorist organisation; 2 counts of preparation of terrorist crimes

1st Instance:

  • Core International Crimes
  • 1 count of war crime of outrage upon personal dignity

  • 5 counts of membership in a foreign terrorist organisation; 2 counts of preparation of terrorist crimes

More details


Defendant

Defendant

Nationality:

Gender:

Progress details

Progress details

Case status: 3rd Inst. Verdict – Final

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

  • 18 months pre-trial detention in Turkey for similar offence
  • Reduced mental capacities
  • Personality disorder

Aggravating Factors

  • Member of sniper unit
  • Used violence and at least threatened to use violence

Evidence Used

  • ISIS documents
  • Witness testimony
  • Seized pictures
  • Chat conversations
  • Open-source pictures
  • Expert reports

Sources


1st Instance Verdict – Full Judgment

2nd Instance Verdict – Full Judgment

3rd Instance Verdict - Full Judgment