Conviction of a Dutch female returnee for criminal offences in Syria, including pillaging

Den Haag|
Yesterday, The Hague Court of Appeal has convicted a Dutch female national who went in 2014 to Syria – during the armed conflict between the government and non-state armed actors - for five criminal offences. The court found her guilty of pillaging as a war crime, participation in terrorist organizations (IS and Jabhat al-Nusra), two counts of threat involving a terrorist crime and preparatory acts for terrorist offenses. The woman has been sentenced to a prison term and community service.

Pillaging

In 2014, the woman traveled to Syria, after marrying an IS fighter from the Netherlands who was already in Syria at the time. She lived with him for several years in the conflict zone, where they jointly appropriated several homes and their contents without the consent of the rightful owners. The court classifies this as the war crime of pillaging. The manner in which the woman and her husband acquired the homes fits the pattern existing at the time, in which houses and possessions of fleeing or displaced residents of the conflict zone were confiscated by IS and Jabhat al-Nusra for the benefit of foreign fighters and their families. The district court had acquitted the woman of this charge.

Participation in IS and Jabhat al-Nusra

The court ruled that the woman participated in the terrorist organizations IS and Jabhat al-Nusra during part of her stay in Syria. She was also found guilty the offense of preparing or promoting terrorist offences.

Threats involving terrorist crimes

In addition, the woman threatened two Dutch journalists via social media with terrorist acts. She posted threatening messages on X (formerly Twitter) and sent messages on Facebook containing photos of Kalashnikov rifles.

Renunciation of extremist ideology

After the woman fled from Syria to Turkey, she served an 18-month prison sentence in that country. Subsequently, she was placed in immigration detention and then extradited to the Netherlands. In the Netherlands, she spent several months in pre-trial detention, after which it was suspended with conditions including an ankle monitor and intensive clinical and outpatient treatment. She has since distanced herself from violent Salafist ideology and is working on shaping her life in a positive way. The Court also took into account that the handling of the case took far too long and that the woman has diminished responsibility.

Sentence

The Court imposes a prison sentence of 860 days, of which 720 days are suspended, with deduction of time spent in pre-trial detention. This means that the woman will not be re-detained at present. A probationary period of three years applies, and conditions include, among other things, a mandatory treatment order. In addition, the Court imposes a community service order of 400 hours. The woman must pay 1,000 euros in compensation to the victims of the threats.

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