1. The prosecution of Dutch jihadists in the Netherlands Nijmegen, 29 th of January 2016 Dr. Sven Brinkhoff Dr. S. Brinkhoff Assistant Professor of Criminal Law and Criminal Procedure Law Radboud University Nijmegen, Faculty of Law, P.O. Box 9049, 6500 KK Nijmegen, the Netherlands s.brinkhoff@jur.ru.nl

2. The prosecution of Dutch jihadists: historic overview (1) So far: no massive terroristic attack in the Netherlands But: the level of threat of an terroristic attack is substantial Prosecution for terroristic crimes has occurred: - prosecution of the murderer of Theo van Gogh (2004) - prosecution of terroristic organisation Hofstad-group (2008)

3. The prosecution of Dutch jihadists: historic overview (2) The Arabic spring: - the search for freedom and democracy - sadly also a feeding ground for a new form of terrorism The Arabic spring in Syria: - 2011: peaceful protest against Al-Assad - 2012: civil war - 2013: civil war turns into a religious / jihadist war

4. The prosecution of Dutch jihadists: historic overview (3) Arabic spring turns into Syrias darkest days…….. - 2013: Islamic State and Jabat al Nusra play a more and more significant role - 2013 until now: foreign fighters enter Syria to fight alongside Islamic State - 2013 until now: Dutch citizens travel to Syria to join Islamic state

5. The prosecution of Dutch jihadists: facts and figures Since 2013 approximatly 200 Dutch citizens have travelled to Syria and Irak to join Islamic State 32 Dutch citizens were killed 35 Dutch citizens have returned to the Netherlands It’s believed that there are hunderds of Dutch jihadists in the Netherlands and thousands of people who sympathise with them

6. The prosecution of Dutch jihadists: why prosecute? Fear of (further) radicalisation Act of terrorism to fight alongside Islamic State Statement of the Dutch prosecutor: no Dutch citizen should interfene in Syrian conflict

7. The prosecution of Dutch jihadists: what criminal offences? Examples of case law Art. 96 CC and 83 CC: conspiracy to a terroristic crime Art. 134a CC: participating in a terrorist training camp Art. 140a CC: participating in a terrorist organisation

8. The prosecution of Dutch jihadists: problems? Fighting aganist Al Assad an act of terror? Terroristic motive? Evidence?