Skip to main content

Staying in an area controlled by a terrorist organisation: crime or operational necessity?

The Dutch Senate discussed a bill January 12 that regulates the criminalisation of persons who intentionally stay in an area under the control of a terrorist organisation. In a new ICCT perspective, Asser researcher and ICCT fellow Christophe Paulussen and co-author Emanuela-Chiara Gillard argue why this bill is problematic: ‘This is a dangerous move into the pre-crime space, far removed from actual criminal conduct.’

The ICCT perspective was published today, prior to a debate on the bill in the Dutch Senate Committee for Justice and Security (J&V). The bill regulates the criminalisation of persons who intentionally stay in an area under the control of a terrorist organisation without the permission of the Minister of Justice and Security.

Problematic bill
In the perspective, Paulussen and Gillard are expressing their doubts. Is it the most appropriate and proportionate solution for the problem? While this new tool could facilitate prosecutors’ work, and may also play a role in preventing or dissuading people from travelling to places in the world that may have a negative impact on their (and possibly our) lives, the authors think it is problematic nonetheless.

The authors write: “This is not least because it is yet another example of the shift of counter-terrorism measures into the pre-crime space, and the apparent wish to create a risk-free society. In an effort to achieve this impossible goal, other important objectives, including the provision of humanitarian assistance in accordance with humanitarian principles of impartiality, neutrality and independence, and the capacity of journalists and human rights groups to do their vital work independently and without any interference from politics, are increasingly undermined.”

Other models
“However, if criminalisation were to be pursued nonetheless, then we argue that the Australian or UK model a


Popular posts from this blog

Menon meets Karzai, discusses security of Indians

Kabul/New Delhi/Washington, March 5 (IANS) India Friday said that the Feb 26 terror attack in Kabul will not deter it from helping rebuild Afghanistan as National Security Adviser Shivshankar Menon met Afghan President Hamid Karzai in Kabul to review the security of around 4,000 Indians working in that country. Menon, who arrived here Friday morning on a two-day visit, discussed with Karzai some proposals to bolster security of Indians engaged in a wide array of reconstruction activities, ranging from building roads, bridges and power stations to social sector projects. The Indian government is contemplating a slew of steps to secure Indians in Afghanistan, including setting up protected venues where the Indians working on various reconstruction projects will be based. Deploying dedicated security personnel at places where Indians work is also being considered. Menon also met his Afghan counterpart Rangin Dadfar Spanta and enquired about the progress in the probe into the Kabul atta

Iran is losing the game to regional actors in its strategic depth

Rethink before It’s Too Late Iran is losing the game to regional actors in its strategic depth –Afghanistan. By Houman Dolati It is no more a surprise to see Iran absent in Afghanistan affairs. Nowadays, the Bonn Conference and Iran’s contributions to Afghanistan look more like a fading memory. Iran, which had promised of loans and credit worth five-hundred million dollars for Afghanistan, and tried to serve a key role, more than many other countries, for reconstruction and stabilization of Afghanistan, is now trying to efface that memory, saying it is a wrong path, even for the international community. Iran’s empty seat in the Rome Conference was another step backward for Afghanistan’s influential neighbor. Many other countries were surprised with Iran’s absence. Finding out the vanity of its efforts to justify absence in Rome, Iran tried to start its

Pakistani firm whose chemicals were used to kill US troops seeks subsidy for Indiana plant

By Jennifer Griffin, Justin Fishel Published March 22, 2013   A Pakistani fertilizer maker whose chemicals have been used in 80 percent of the roadside bombs that have killed and maimed American troops in Afghanistan is now seeking U.S. taxpayer subsidies in order to open a factory in Indiana.  The request appears to be on hold pending further review, but the situation has stirred outrage in Congress, where some accuse the Pakistani government of halting efforts to clamp down on the bomb-making.  For the past seven years, the U.S. government has known that the raw material calcium ammonium nitrate, or CAN, is making its way across the border into Afghanistan where the Taliban use it to fuel their most deadly weapons, namely the improvised explosive device. IEDs have long been the number one killer of U.S. and coalition troops.  The material largely comes from Pakistani fertilizer maker the Fatima Group. But the Pakistani government has stymied attempts by the Pentagon to stop the