Brothers in Arms? The Selection and Prioritisation of Core International Crimes and Terrorism in the Netherlands

被引:0
作者
Verhagen, Giel [1 ]
机构
[1] TMC Asser Inst, RJ Schimmelpennincklaan 20-22, NL-2517 JN The Hague, Netherlands
关键词
core international crimes; prioritisation; prosecutorial discretion; selection; terrorism; the Netherlands;
D O I
10.1163/15718123-BJA10162
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Since 2019, the Dutch Public Prosecutor has tried four cases in which the accused has been cumulatively charged with a terrorism-related crime as well as a core international crime. This article examines the Dutch selection and prioritisation process of these charges when they are combined, comparing it to cases that solely include a core international crime charge and solely include terrorism-related charges. The findings suggest that, as a result of the suspect-driven approach and limited universal jurisdiction in the Netherlands, the available evidence is the most important criterion in the selection and prioritisation process in cases that include core international crimes. Moreover, resources can also be identified as an influential factor, whereas this aspect features less prominently in cases that only include terrorism-related charges. The influence of other criteria, such as gravity, remains ambiguous.
引用
收藏
页码:522 / 551
页数:30
相关论文
共 102 条
[1]   Digital Evidence in Domestic Core International Crimes Prosecutions Lessons Learned from Germany, Sweden, Finland and The Netherlands [J].
Aksamitowska, Karolina .
JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE, 2021, 19 (01) :189-211
[2]   Prosecuting international crimes at the International Criminal Court: is there a coherent and comprehensive prosecution strategy? [J].
Ambos, Kai ;
Stegmiller, Ignaz .
CRIME LAW AND SOCIAL CHANGE, 2013, 59 (04) :415-437
[3]  
[Anonymous], 2016, Policy paper on case selection and prioritisation
[4]  
[Anonymous], 2003, Wet Internationale Misdrijven
[5]  
[Anonymous], 2009, Supreme Court, Public Prosecutor v Frans van A.
[6]  
[Anonymous], 2017, Nieuwsuur16 February
[7]  
[Anonymous], 2022, Situatie van de Jezidi's (Vervolg) Met Juridische Experts (Hybride)
[8]  
[Anonymous], 2022, [No title captured]
[9]   Unfolding the Past, Proving the Present: Social Media Evidence in Terrorism Finance Court Cases [J].
Anwar, Tasniem .
INTERNATIONAL POLITICAL SOCIOLOGY, 2020, 14 (04) :382-398
[10]   Prosecutorial Discretion at the ICC and Victims' Right to Remedy Narrowing the Impunity Gap [J].
Aptel, Cecile .
JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE, 2012, 10 (05) :1357-1375