战友?荷兰核心国际犯罪和恐怖主义的选择和优先顺序

IF 0.8 Q2 LAW

International Criminal Law Review Pub Date : 2023-10-09 DOI:10.1163/15718123-bja10162

Giel Verhagen

{"title":"战友?荷兰核心国际犯罪和恐怖主义的选择和优先顺序","authors":"Giel Verhagen","doi":"10.1163/15718123-bja10162","DOIUrl":null,"url":null,"abstract":"Abstract Since 2019, the Dutch Public Prosecutor has tried four cases in which the accused has been cumulatively charged with a terrorism-related crime as well as a core international crime. This article examines the Dutch selection and prioritisation process of these charges when they are combined, comparing it to cases that solely include a core international crime charge and solely include terrorism-related charges. The findings suggest that, as a result of the suspect-driven approach and limited universal jurisdiction in the Netherlands, the available evidence is the most important criterion in the selection and prioritisation process in cases that include core international crimes. Moreover, resources can also be identified as an influential factor, whereas this aspect features less prominently in cases that only include terrorism-related charges. The influence of other criteria, such as gravity, remains ambiguous.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":"37 1","pages":"0"},"PeriodicalIF":0.8000,"publicationDate":"2023-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Brothers in Arms? The Selection and Prioritisation of Core International Crimes and Terrorism in the Netherlands\",\"authors\":\"Giel Verhagen\",\"doi\":\"10.1163/15718123-bja10162\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Since 2019, the Dutch Public Prosecutor has tried four cases in which the accused has been cumulatively charged with a terrorism-related crime as well as a core international crime. This article examines the Dutch selection and prioritisation process of these charges when they are combined, comparing it to cases that solely include a core international crime charge and solely include terrorism-related charges. The findings suggest that, as a result of the suspect-driven approach and limited universal jurisdiction in the Netherlands, the available evidence is the most important criterion in the selection and prioritisation process in cases that include core international crimes. Moreover, resources can also be identified as an influential factor, whereas this aspect features less prominently in cases that only include terrorism-related charges. The influence of other criteria, such as gravity, remains ambiguous.\",\"PeriodicalId\":55966,\"journal\":{\"name\":\"International Criminal Law Review\",\"volume\":\"37 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-10-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Criminal Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718123-bja10162\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718123-bja10162","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}

引用次数: 0

摘要

自2019年以来，荷兰检察官已经审理了四起案件，其中被告被累计指控犯有与恐怖主义有关的罪行以及核心国际罪行。本文考察了荷兰对这些指控的选择和优先排序过程，并将其与仅包括核心国际犯罪指控和仅包括恐怖主义相关指控的案件进行了比较。研究结果表明，由于荷兰的嫌疑人驱动方法和有限的普遍管辖权，在包括核心国际犯罪在内的案件中，可获得的证据是选择和优先排序过程中最重要的标准。此外，资源也可以被确定为一个有影响的因素，而在只包括与恐怖主义有关的指控的案件中，这方面的特点不那么突出。其他标准的影响，如重力，仍然模糊不清。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

查看原文本刊更多论文

Brothers in Arms? The Selection and Prioritisation of Core International Crimes and Terrorism in the Netherlands

Abstract Since 2019, the Dutch Public Prosecutor has tried four cases in which the accused has been cumulatively charged with a terrorism-related crime as well as a core international crime. This article examines the Dutch selection and prioritisation process of these charges when they are combined, comparing it to cases that solely include a core international crime charge and solely include terrorism-related charges. The findings suggest that, as a result of the suspect-driven approach and limited universal jurisdiction in the Netherlands, the available evidence is the most important criterion in the selection and prioritisation process in cases that include core international crimes. Moreover, resources can also be identified as an influential factor, whereas this aspect features less prominently in cases that only include terrorism-related charges. The influence of other criteria, such as gravity, remains ambiguous.

求助全文

通过发布文献求助，成功后即可免费获取论文全文。去求助

来源期刊

International Criminal Law Review LAW-

CiteScore

1.10

自引率

0.00%

发文量

期刊介绍： Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.