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Burcu T.: Prosecutor v. Burcu T.

Judgment, 22 Jul 2015, District Court of Rotterdam, The Netherlands

On 22 July 2015, Burcu T., a Dutch national, was found guilty of violating the 1977 Dutch Sanction Law by transferring just over €2000 to an intermediary in Turkey as she ought to know the money would end up in the hands of terrorist groups. Burcu T. had been engaged to [T], who had informed her he was a member of the Taliban, and the court found that she ought to have known it was likely that the money she transferred would go to jihadist groups. In the same judgment, Burcu T. was acquitted of participating in a terrorist organisation due to a lack of adequate proof; the fact that the defendant was in a relationship with a terrorist and that she possessed documents, photos and videos linked to the jihad did not mean that she was a terrorist herself. She was sentenced to six months of imprisonment.


R. v. Sarwar (Yusuf): Yusuf Sarwar, Mohammed Ahmed v. Regina

Appeal Judgment, 9 Dec 2015, Court of Appeal (Criminal Division), Great Britain (UK)

Sarwar and Ahmed travelled from the UK to Turkey and then Syria on 15 May 2013. Both had been in communications on social media with a number of figures discussing jihad and their plans to travel to Syria. They deceived their parents as to the purpose of their trip, which, in reality, was to become involved with anti-Assad forces. After their departure, Sarwar’s mother found a letter from him saying he planned to join Jabhat al-Nusra in Syria, and his parents then told the police.

Sarwar and Ahmed were arrested when they returned to the UK on 13 January 2014. A search of Sarwar’s luggage found over 1600 deleted pictures including those of Sarwar and Ahmed in combat zones and pictures of explosives being made. Both pled guilty to the offense of preparation of terrorist acts contrary to section 5(1) of the Terrorism Act 2006 and were sentenced to 17 years and 8 months in prison. Sarwar and Ahmed appealed the decision.

Sarwar and Ahmed claimed that once they arrived in Syria, they disassociated themselves from combat activities and offered humanitarian assistance.  The Court found that while there was sustained preparation and travel, the trial court judge reached an incorrect conclusion on their involvement in combat activity. Therefore, sentences were reduced to 15 years and 3 months.


R v Choudary and Rahman: R v Anjem Choudary and Mohammed Rahman

Sentencing remarks of Mr Justice Holroyde, 6 Sep 2016, Central Criminal Court, Great Britain (UK)

Anjem Choudary and Mohammed Rahman were both sentenced to 5.5 years’ imprisonment for inviting support for the Islamic State. Both men signed an oath of allegiance to the terrorist group that was published online and had broadcast a series of lectures online in which they denounced democracy and called for Muslims to support the establishment of the caliphate. In sentencing the two defendants, Justice Holroyde emphasised the seriousness of these offences, despite their indirect nature and the lack of violence directly caused, due to “the timing of [the] … communications, [the defendants’] high standing, the size of the audience [addressed] …, and the likelihood that those audiences would include impressionable persons who would be influenced by what” was said (p. 9). Upon release, both Mr. Choudary and Mr. Rahman will be subject to notification requirements for 15 years. 


Eshetu Alemu

Judgment, 8 Jun 2022, The Court of Appeal in The Hague, The Netherlands

In the 1970s, the “Derg” military government took over the state power in Ethiopia. This “Red Terror” regime included a violent crackdown on rebel groups and other political opponents, including the Ethiopian Peoples Revolution Party (EPRP), with whom the Derg was engaged in a non-international armed conflict. In an effort to eradicate the EPRP, the accused Eshetu Alemu, the sole representative of the Derg in the Gojjam region, ordered the unlawful arrest of around 300 alleged party members. They were detained in cruel and inhumane conditions and subjected to torture and killings. 

The Court of Appeal established that Alemu knew and participated in these war crimes and sentenced him to life imprisonment, upholding the verdict of the District Court of The Hague in 2017. 

The investigation and prosecution of these crimes began after an investigative journalist published an article about the defendant in 1998. He had been living in the Netherlands, holding Dutch nationality at that point and had not been held accountable for the atrocities. 


Physicians for Human Rights et al v. Prime Minister of Israel et al.: Physicians for Human Rights and others v. Prime Minister of Israel and others & Gisha Legal Centre for Freedom of Movement and others v. Minister of Defence

Judgment, 19 Jan 2009, The Supreme Court sitting as the High Court of Justice, Israel

When Hamas, a Palestinian armed resistance group, came into power in Gaza, southern Israel was increasingly subject to heavy missile attacks. On 27 December 2008, the Israeli Defence Forces (IDF) began a large-scale military operation that Israel initiated in the Gaza Strip in order to stop the shooting of mortars. During that operation, also known as “Operation Cast Lead”, the IDF entered the Gaza Strip and attacked targets used by Hamas. In January 2009, two organisations filed a complaint against Israel and claimed that during the operation, the IDF did not protect medical centres and personnel, did not help with the transfer of wounded people, and did not supply electricity to the Gaza Strip. The Israeli Supreme Court found that Israel was acting reasonably and had not violated any international rules.


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