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The President of Indonesia, Susilo Bambang Yudhoyono, had planned a visit to the Netherlands from 6 to 8 October 2010. The government in exile of the Republic of South Moluccas (RMS) filed a complaint in the Netherlands and requested the Indonesian President to be arrested upon arrival in the Netherlands, and furthermore, that he would be prosecuted for human rights violations committed against Moluccan detainees.

On 14 October 2010, the District Court of The Hague dismissed the case because President Yudhoyono as head of state could not be prosecuted (head of state immunity).

On 22 November 2011, the Court of Appeal upheld the decision.

Mr. Hersi was a naturalized Canadian citizen from Somalia living in Toronto. A drycleaner found a USB in Hersi’s security guard uniform containing suspicious documents, such as instructions on how to make explosives as well as various Islamic religious writings. The drycleaner notified the police, and the police investigated Mr. Hersi further using an undercover officer. During these meetings with the undercover officer, Mr. Hersi explained his well-developed plan to join the terrorist organisation Al-Shabaab and suggested that the UC also join.

The Court found Mr. Hersi guilty of (1) attempting to participate in the activities of Al-Shabaab and (2) counselling an undercover officer to participate in Al-Shabaab. The Court then sentenced Mr. Hersi to 10 years in prison, the maximum of 5 years for each of his offenses. Additionally, the Court held that Mr. Hersi be required to serve at least one-half his sentence, as opposed to the typical requirement of one-third of a sentence, before he could be released on parole, given the gravity of the offence and the unlikelihood of Hersi’s rehabilitation.

Maher H.’s case is the first conviction in the Netherlands of a Dutch ‘foreign fighter’ returning from Syria. He was convicted on 1 December 2014 and sentenced to three years’ imprisonment by the District Court in The Hague. Although it was not exactly clear what Maher H. had done in Syria, the Court found enough evidence to determine, among other things, that he was guilty of preparing to commit terrorist crimes, including murder and manslaughter. The Court based its decision on the fact that he had actually been to Syria and participated in the armed conflict there as well as his support for the jihad. Factors such as Maher H.’s decision to join a jihadi armed group in Syria that aimed to destroy Syria’s political structure and establish an Islamic State were also considered relevant in showing his terrorist intent. The Court moreover convicted Maher H. of disseminating inciting videos, pictures and a document. However, he was acquitted of conspiring to commit a terrorist offence due to a lack of evidence. This decision was subsequently appealed by the defendant. 

In May 2016, the Dutch Supreme Court dismissed the appeal against the Court of Appeal’s judgment in the case of Omar H, a foreign fighter convicted of training for terrorism. In upholding the Court of Appeal’s judgment, the Supreme Court decided that training for terrorism in this context would be interpreted broadly. Thus, researching how to make bombs online, and buying items to make explosive devices in light of Omar H’s other interests in jihad and travel to Syria were sufficient to prove he had trained himself to commit a terrorist crime. In dismissing the appeal, the Supreme Court also confirmed Omar H’s sentence of 18 months’ imprisonment. 

On 1 December 2014 Ms. Shukri F., a young Dutch woman, was acquitted on two charges by the District Court of The Hague. She was charged with 1) recruiting people to join the armed struggle in Syria, and; 2) incitement to commit terrorist crimes and dissemination of and collecting inciting material. Although the Court acquitted her, the Prosecutor appealed. 

The defendant was allegedly active in spreading the virtues of Islamic orthodoxy in multiple ways. First, she used social media and gave lectures about Islam. Second, she encouraged multiple women (some underage) to marry and to depart to Syria. Third, she married a man who she supported in his wish to go to Syria. After he had left for Syria she divorced him and married another man, Maher H., who she also encouraged to depart to Syria.

The Court of Appeal ruled that it could not establish that the defendant recruited people to join the armed struggle in Syria. It could establish, however, that 2 videos she had posted on Twitter amounted to the dissemination of inciting materials. For that reason she was sentenced to a suspended imprisonment term of 6 months and a probation period of 2 years.