Questions raised about proposed Dutch terrorism legislation
image: Stephanie LeBlanc on Unsplash
Following the example of Germany and the United Kingdom, the Dutch government is proposing new legislation to make the glorification of terrorism and support for terrorist organisations a criminal offence. Wim Voermans, Professor of Constitutional Law, comments in ‘Trouw’ newspaper.
It is still unclear what exactly falls under the definition of ‘glorification’ and that aspect in particular has prompted many questions about the proposed legislation. Citizens’ organisations Pax and The Rights Forum warn that the terms used are vague, would lead to arbitrary prosecutions and violate the freedom of expression. According to Pax’ interpretation, ‘If an organisation that has been marked as terrorist happens to agree with something you also believe, then you would be punishable by law for your statement.’
Voermans acknowledges that the boundaries of the proposed legislation are not clearly defined, but considers Pax’ fears unlikely. It is not the task of the courts to speculate about the intentions behind a person’s comments – certainly not the criminal courts; they merely apply the letter of the law. Glorification only occurs when someone glorifies terrorists as heroes or explicitly praises acts of terrorism. 'But saying, for example, that you have some understanding for a terrorist crime is definitely not considered glorification.'
Professor Voermans adds that in order to determine what constitutes ‘terrorism’, the legal definition of ‘terrorist offence’ according to European and international legislation (adopted in the Netherlands) is leading. Pax, however, believes that the EU's lists of terrorist organisations are compiled primarily on the basis of Western political interests rather than facts. The violence by Hamas is labelled as terrorism, but the violence by Israel against the Palestinians is not.
In 2005 and 2017, earlier attempts were made to introduce a similar bill. However, these were rejected due to unclear wording and doubts about legal feasibility.
More information?
Read the full article in Trouw (€, in Dutch)