This morning, the International Crimes Division of the District Court of The Hague handed down its judgment in the criminal case against the Dutch Syria-goer/IS-bride Hasna A.
She was sentenced to an unconditional prison sentence of 10 years for four crimes. She was convicted for joining the terrorist organization IS, participation and promoting the terrorist crimes of IS, and also for putting and keeping her 4-year old son in a helpless state by taking him with her when she left for the so-called 'caliphate' of IS in Syria early 2015. The most serious crime for which Hasna A. has been convicted however, is the international crime of slavery committed against an enslaved Yazidi woman who is referred to throughout the criminal proceedings as 'Z.' Slavery of captured Yazidi women and girls was part of a widespread and systematic attack that IS carried out against the Yazidis in northern Iraq (civilian population). The court held that Hasna A. knew about the attack and committed the slavery as part of it, so that it constitutes a crime against humanity. The court very much holds this against the Accused.
"Crimes against humanity, including slavery, are among the gravest international crimes and fill the whole international community with concern. The prohibition of slavery is a rule that is considered to be so fundamental for the international legal order that devisation from this rule is not permissible. In this case also, profound suffering was inflicted [...]
The Accused, who knew that Z. had been enslaved by IS and knew that Z. could not escape the situation, did nothing to alleviate Z.'s suffering. On the contrary: she herself also gave Z. orders and is therefore guilty of slavery. What is malicious about this, is that the Accused did this with knowledge of the fact that was was happening in that house was part of a larger whole, the aforementioned widespread and systematic attack against the Yazidi community. The court very much holds this against the Accused." [Freely translated from judgment]
Due to lack of evidence, Hasna A. was unfortunately acquitted of slavery committed against a second Yazidi woman, who is referred to in the criminal proceedings as 'S.' The sentence imposed by the court is higher than what the Public Prosecutor's Office had requested during the substantive hearings of the case mid-October for the full charges brought against Hasna A., and thus further underlines the nature and gravity of the crimes for which Hasna A. has now been convicted. The deadline for appeal is two weeks.
This is the first time that somebody has been prosecuted, tried and now convicted in the Netherlands for crimes committed against the Yazidi population by IS. This is another step towards justice for Yazidi community. With this conviction the Netherlands follows Germany, where several returned IS-members were convicted of international crimes against the Yazidis in the past few years. The press release from Yazda, an organization committed to providing aid and support to the Yazidi community, also includes brief reactions to today's final judgment from Z. and S.
Z. and S. were assisted in this case by lawyers Brechtje Vossenberg and Barbara van Straaten.
Annexes
- Press release Yazda
- Press release District Court of The Hague re: verdict in criminal case against Hasna A. (in Dutch)
- Rechtbank Den Haag 11 december 2024, ECLI:NL:RBDHA:2024:20594 (redacted final verdict - in Dutch)
- Y. Boutayeb, ‘IS’er Hasna A. in Nederland veroordeeld voor tot slaaf maken van jezidi-vrouw’ (Volkskrant) 11 December 2024
- B. Bouwman en J. Meischke, ‘Hasna A. als eerste Nederlandse Syriëganger veroordeeld voor slavernij’ (NRC) 11 December 2024
- M. Quell, ‘A Dutch woman who kept a Yazidi woman as a slave in Syria is imprisoned for 10 years’ (Washington Post) 11 December 2024
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