Overview

The criminal justice sector response is an important aspect of an overall, rule of law-based approach to counter-terrorism. ICCT has worked on a range of issues related to the criminal justice sector, including the close monitoring of a number of terrorism trials and commentary on legal aspects of proceedings and judgements. Next to this, the Centre is implementing a capacity building project on the protection of witnesses and the use of intelligence in terrorism-related court cases to enhance the criminal justice sector response. Similarly, ICCT has analysed the potential role of armed forces in providing evidence for terrorism-trials. ICCT also looks beyond the judicial aspects of terrorism cases and explores the wider, societal implications of trials and their performative power in a seminar series entitled “Terrorists on Trial”.

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Perspective | 2 Dec 2013

The Syrian Foreign Fighters Problem: A Test Case from The Netherlands

In what has been labelled as possibly the first trial of its kind in Western Europe, a court in The Netherlands recently convicted two men who wanted to travel to Syria to join the jihad. Research Fellow Dr. Christophe Paulussen analyses the two judgements and their wider implications.

Perspective | 10 May 2016 Countering Violent Extremism in the Kurdistan Region in Iraq
Now that the Islamic State appears to be losing ground, and the most imminent threat for the Kurdistan Region in Iraq seems to be over, the time has come for the Kurdistan Regional Government to develop a plan to counter violent extremism.
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Perspective | 18 Sep 2013 Setting the Record Straight: Reversing the Burden of Proof Back to Normal in EU Terrorist Listing Cases
The Court of Justice of the EU made its final judgement in the case of Mr. Kadi: what does this mean for the burden of proof in placing individuals on sanctions list and for the implementation of the UN sanctions list?
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Research Paper | 23 Aug 2013 The Anders Behring Breivik Trial: Performing Justice, Defending Democracy
This Research Paper examines to what extent the Breivik trial attained the goals of criminal justice and also aims to determine if the trial contributed to the need for closure in society.
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Perspective | 19 Dec 2012 A Long Journey to Justice: El-Masri and the First Case against the Practice of Extra-ordinary Renditions
The first judgement against a state (Macedonia) for its involvement in the CIA's extra-ordinary rendition programme was handed down earlier this week. Dr. Bibi van Ginkel analyses the implications of the ECHR judgement.
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Perspective | 20 Nov 2012 The Real Risk of Torture Testimony in Terror Trials: The Case of Abu Qatada
Last week's decision against the extradition of Muslim cleric Abu Qatada in the UK was a controversial one. What does the case mean for evidence obtained by torture, human rights, extradition and anticipatory justice?
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Perspective | 12 Sep 2012 The 22nd of July Trial Reaches its Final Stage
What is the impact of the final verdict in the Anders Behring Breivik trial? How does it affect the coping mechanisms in society and are the goals of criminal justice achieved?
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Perspective | 26 Jul 2012 Al Qaeda Plot in Europe? Intelligence as Evidence in the Düsseldorf Terror Cell Trial
This Commentary discusses the trial against four terror suspects of the so-called Düsseldorf terror cell.
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Research Paper | 21 Jun 2012 Through the Militant Lens: The Power of Ideology and Narratives
This Research Paper explores violent extremist “narratives” within the Indonesian context by interviewing a convicted terrorist and one currently undergoing trial.
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Perspective | 23 Apr 2012 The Anti-Islamist: Anders Behring Breivik’s Manifesto
In this Commentary, 2012 Visiting Research Fellow Dr. Arun Kundnani analyses Breivik's ideology as contained in his 1,500-page manifesto, 2083 – A European Declaration of Independence.
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Perspective | 18 Apr 2012 Anders Breivik: A Terrorist on Trial
This Commentary analyses the trial against Anders Behring Breivik, the Norwegian violent extremist who carried out bomb and gun attacks that left 77 people dead last year.
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Research Paper | 2 Apr 2012 Impunity for International Terrorists? Key Legal Questions and Practical Considerations
This Research Paper discusses several of the key questions related to the subject of impunity of international terrorists, taking both a fundamental and a more practical approach within the context of international law.
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Perspective | 16 Mar 2012 The US NDAA and its Controversial Counter-Terrorism Provisions
This Commentary reviews Sections 1021 and 1022 of the "National Defense Authorization Act for Fiscal Year 2012" (NDAA 2012) – probably the act’s most controversial counter-terrorism provisions.
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Perspective | 28 Jul 2011 A Fair and Public Trial for the Norwegian Terror Suspect
The trial of Anders Behring Breivik posed many questions, one of them being if the hearings should be in public or behind closed doors.
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Uncategorized | 15 Mar 2011 Terrorists on Trial: A Performative Perspective
On 30 March 2011, ICCT hosted an Expert Meeting applied a performative perspective to three well known and recent trials in different parts of the world.
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Research Paper | 2 Mar 2011 Compatible or Incompatible? Intelligence and Human Rights in Terrorist Trials
This Research Paper focuses on the special procedures of Canada, France, the Netherlands and the UK for the use of intelligence in terrorism-related court cases.
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Perspective | 24 Jan 2011 Kadi-Judgement Revisited: Shaken, not Stirred
In this Commentary, Dr. Bibi van Ginkel analyses the proceedings of the Kadi trial and the impact of the most recent ruling.
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Perspective | 9 Aug 2010 Terrorists and the Rule of Law: Member of Hofstad Group Expresses Faith in Dutch Judicial System
This Commentary analyses the recent announcement of a convicted member of the Dutch jihadist Hofstad group, who stated that he from now on accepts the judicial system and is certain that he will receive a fair trial.
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Perspective | 19 Jul 2010 Will the Appointment of an Ombudsperson Improve the Due Process Standards of the Heavily Criticised UN Terrorist Listing and De-listing Procedure?
This Commentary analyses whether the appointment of an ombudsperson pursuant to Security Council Resolution 1904 will in fact improve the due process standards of the UN terrorist listing and de-listing procedure.
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Research Paper | 2 Mar 2010 Use of Diplomatic Assurances in Terrorism-related Cases: In search of a Balance between Security Concerns and Human Rights
Dr. Bibi van Ginkel and Federico Rojas analyse the different policies on diplomatic assurances in countries that are representative of a trend and clarify the criteria that have to be fulfilled before assurance may be used.
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Criminal Justice Response

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