Netherlands: 10 cases

Overview

The first cumulative charges against an alleged terrorist in the Netherlands were filed in 2018. The first verdict in such a case concerned the same case and was handed down in July 2019. Ever since, the Netherlands has continued efforts to prosecute alleged terrorist for both terrorism offences and core international crimes. Notably, the Netherlands is the only country to have convicted an individual, for war crimes committed in the context of the conflicts in Syria and Iraq, but committed from a European country. This decision is not yet final as it has been appealed by the defendant.
 

Following the ratification of the Rome Statute in 2001, the Netherlands signed into law the International Crimes Act (ICA) in 2003, criminalising genocide, crimes against humanity, and war crimes. When prosecuting alleged terrorists cumulatively, they are most often charged with the offence of membership in a terrorist organisation, contained in Article 140a of the Dutch Criminal Code. Title V of Book II of the Dutch Criminal Code contains additional terrorist offences. The Netherlands can also prosecute foreign nationals who are present in the Netherlands for core international crimes on the basis of universal jurisdiction (Article 2(1) ICA). Article 149 of the Dutch Code of Criminal Procedure (DCCP) states that criminal investigations can be initiated by the Dutch Public Prosecution Service on their own initiative, or after a complaint is filed. Although victims have a limited role at the trial stage and are not considered participants, according to Article 161 DCCP, anyone with knowledge of a criminal offence can file a complaint, even if they are not an injured party. The District Court of the Hague is seized with cases involving core international crimes, although it is possible for other District Courts to hear such cases on first instance as well. Appeals can be filed to the District Courts of Appeal with further appeal being adjudicated by the Supreme Court on third and last instance.
 

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Last update: 24 February 2025