Netherlands
The Netherlands has detailed counterterrorism provisions in its Criminal Code. There is no carve-out for the exercise of fundamental human rights. A terrorist financing law was amended most recently in 2020.
The Definition of Terrorism in Domestic Law
Terrorism is defined in the Criminal Code by reference to other specific criminal offences in the Code when they are committed with "terrorist intent".
Terrorist intent is understood to mean the intent to harm the population or part of the population of a country to create serious fear, or to unlawfully compel a government or international organization to do or not to do something, or to seriously disrupt or destroy the fundamental political, constitutional, economic or social structures of a country or an international organization.Art. 83A, Criminal Code of the Netherlands.
Adherence to Global and Regional Terrorism Treaties
The Netherlands is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
The Netherlands is also a State Party to the main regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | State Party |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
In adhering to the 1977 Convention, the Kingdom of the Netherlands reserved the "right to refuse extradition in respect of any offence mentioned in Article 1 of the Convention including the attempt to commit or participation in one of these offences, which it considers to be a political offence or an offence connected with a political offence". It has made a similar declaration with respect to the 2005 Convention.
Laws and Penalties for Terrorist Offences
A criminal offence committed with terrorist intent increases the severity of the sentence that is imposed by the courts upon conviction.
Counterterrorism Capacities and Policies at Domestic Level
Some 20 government agencies in the Netherlands are involved in countering terrorism. A National Coordinator for Counterterrorism and Security acts to coordinate these bodies.
The Dutch police have a specialized counterterrorism unit, the Dienst Speciale Interventies, which includes a number of military personnel.
Glossary
Twitter