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Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven

Judgment, 20 Apr 2010, Supreme Court, The Netherlands

The accused, Dutch businessman Guus Kouwenhoven, was suspected of involvement in smuggling arms to Liberia (through his Liberian-based timber factories) during the Second Liberian Civil War - in violation of UN arms trade bans - and accomodating/complicity in the numerous war crimes that were committed with these weapons. He was taken into custody by the Dutch police in 2005, and put on trial.

Although the Court of First Instance found him guilty of arms smuggling (but quashed the war crimes charges), the Court of Appeal later found that he could not be convicted for any of the charges due to lack of evidence. The prosecution appealed and ultimately the Supreme Court found that the Court of Appeal had erred by not properly motivating its decision not to allow an examining judge to assess whether two anonymous witnesses - who were allegedly very close to Kouwenhoven and Charles Taylor, and therefore key to the prosecution's case - should be admitted as protected witnesses, could be provided a protected witness-status so as to testify in the case. The appeals judgment was declared null and void and the case was referred to another Court of Appeals.

The case is currently still before the Court of Appeal: due to the case being assessed anew on all facts and evidence, an enormous amount of requests relating to the admission of (new) evidence has been filed.


Prosecutor v. Omar H.

Appeal Judgment, 27 Jan 2015, Court of Appeal of The Hague, The Netherlands

On 27 January 2015, the Hague Court of Appeal convicted Omar H. for training for terrorism and making preparations to commit arson and/or an explosion. Thus, the Appeals Court agreed with the District Court of Rotterdam that Omar H. had prepared to commit arson and/or an explosion. However, it distanced itself from the District Court’s finding that Omar H. had not trained for terrorism as, according to the District Court, his actions could not be considered as “training”. On the contrary, the Hague Court of Appeal decided that training for terrorism had to be interpreted broadly. Researching how to make bombs online, and buying items to make explosive devices in light of Omar H’s interest in jihad and travel to Syria were sufficient to prove he had trained himself to commit a terrorist crime. Omar H. was sentenced in total to 18 months’ imprisonment by the Court of Appeal.  


Alqudsi: R v. Alqudsi

Sentencing Decision , 1 Sep 2016, Supreme Court of New South Wales, Australia

On 1 September 2016, Sydneysider Hamdi Alqudsi was sentenced to 8 years’ imprisonment, with a non-parole period of 6 years, for his involvement in assisting seven fighters to travel to the conflict in Syria. Mr. Alqudsi was convicted by a jury on 12 July 2016 after attempting to argue that he was trying to save lives in Syria. Ultimately, it was found through intercepted communications that he was well aware of what the fighters he helped get to Syria and the Islamic State were doing there. Moreover, Judge Adamson acknowledged that he had been a key player in the movement of fighters from Australia to Syria as he linked those who wanted to travel with another fighter who was already there and had joined a jihadi group. 


Al-Aulaqi v. Obama et al.: Nasser Al-Aulaqi, on his own behalf and as next friend of Anwar Al-Aulaqi, Plaintiff, v. Barack H. Obama, in his official capacity as President of the United States; Robert M. Gates, in his official capacity as Secretary of Defense; and Leon E. Panetta, in his official capacity as Director of the Central Intelligence Agency, Defendants.

Memorandum Opinion, 7 Dec 2010, United States District Court for the District of Columbia, United States

The Al-Aulaqi case is significant as it marks in all probability the first time that an American citizen has been killed by U.S. forces outside the borders of the U.S., without any trial, indictment or due process. The case revolves around Anwar Al-Aulaqi, an American-born cleric with dual U.S.-Yemeni citizenship who was a member of al Qaeda in the Arabian Peninsula (AQAP) and had gone into hiding in Yemen, from where he regularly published videos propagating the jihad. The U.S. Treasury Department had allegedly designated him for targeted killing. Therefore, his father, Nasser Al-Aulaqi, filed a complaint claiming that the President, the Secretary of Defense, and the Director of the CIA unlawfully authorised the targeted killing, and seeking an injunction prohibiting them from intentionally killing his son, except in case he did present a concrete, specific, and imminent threat to life or physical safety, and when there are no means other than lethal force that could reasonably be employed to neutralise the threat. The American Civil Liberties Union and the Center for Constitutional Rights intervened with a memorandum supporting Al-Aulaqi senior’s complaint.

The Columbia District Court found that plaintiff Al-Aulaqi, the father, had neither legal standing in court for his claims, nor that was the claim justiciable under the Alien Tort Statute. And if this was not enough, the Court also ruled that the political question doctrine barred it from adjudicating the case. On 7 December 2010, Nasser Al-Aulaqi’s complaint was dismissed on those grounds, while the defendants’ motion to dismiss was granted.

Anwar Al-Aulaqi was killed by a drone strike in Yemen on 30 September 2011.


Mohamed: R v. Mohamed

Sentencing Decision, 29 Sep 2016, Supreme Court of Victoria, Australia

On 29 September 2016, Amin Mohamed was sentenced by an Australian court to 5,5 years’ imprisonment for attempting to travel to Syria and fight there. Mr. Mohamed, a New Zealander, was convicted by a jury in October 2016 for booking flights to Turkey, and receiving the contact details of a man who would assist him (and others) getting from Turkey to Syria with the intention of fighting in the ongoing armed conflict there. In this venture, Mr. Mohamed had been assisted by Hamdi Alqudsi, another man convicted earlier in 2016 for assisting seven would-be foreign fighters with travel to Syria. Mr. Mohamed was prevented from undertaking this travel in September 2013 due to the revocation of his passport and will likely face deportation to New Zealand at the end of his imprisonment.


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