Dutch police arrested a 55-year-old Syrian refugee on Friday in the town of Druten in the province of Gelderland on suspicion of crimes against humanity, including complicity in torture and sexual violence in Syria during the civil war. This is the first time that the Netherlands has accused someone of committing crimes against humanity.
The International Crimes Team (TIM) of the Dutch National Police investigated the man for serving as the chief of the interrogation department of the National Defense Force (NDF), a pro-government militia in Salamiyah, Syria, in 2013 and 2014. The NDF, organized by the Syrian government, had fought against rebels. The Public Prosecution Service of Netherlands, the body of public prosecutors in the Dutch criminal justice system, says the man arrived in the Netherlands in 2021 and received a temporary asylum permit.
Authorities say the man is suspected of being complicit in acts of torture and sexual violence against civilians. According to Article 27 of the 1949 Fourth Geneva Convention, women shall be especially protected against any attack on their honor, in particular rape, enforced prostitution, or any form of indecent assault. Furthermore, Article 32 stipulates that the High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands.
The Netherlands is prosecuting these crimes based on the idea of universal jurisdiction. This allows states to claim criminal jurisdiction over an accused person for certain crimes regardless of where the alleged crime was committed, and regardless of the accused’s nationality, country of residence, or any other relation to the prosecuting entity.