Judgment in the Largest Terrorist Case in the Netherlands

Published 30 June 2016

On 8 June 2016, the District Court in The Hague published the English, unofficial translation (only the Dutch text of the full verdict is authentic) of the 10 December 2015 judgment in the so-called Context case, the largest terrorism case in the Netherlands in years. The 200-page judgment not only includes considerations on jurisdiction, terrorist intent, incitement, recruitment, training and participation in a criminal (terrorist) organisation, but also on several aspects of international humanitarian law (the relationship between international humanitarian law and the EU Framework Decision on Terrorism, the non-international armed conflict in Syria, the status of foreign fighters under international law, etc).

An analysis of the judgment, including the text of the judgment itself (in both Dutch and English), can be found on the International Crimes Database (ICD).

In the second half of this year, the T.M.C. Asser Instituut, with support from ICCT, will create a tab on the ICD that will collect as much case law on the foreign fighters phenomenon as possible. The main lessons distilled from this data and these analyses will be included in an ICCT policy brief, to be authored by Asser senior researcher Christophe Paulussen.

Read the analysis of the judgment.