Facts
The pro-regime militia Liwa al-Quds in Syria was founded in the al-Nayrab Palestinian refugee camp near Aleppo. Armed by the Syrian regime, it has been deployed to arrest civilians and crush dissent.
According to the conviction, Mustafa A. was born in the al-Nayrab camp and was part of the militia Liwa al-Quds. In January 2013, he allegedly arrested a civilian in his home in the al-Nayrab camp. The civilian was allegedly abused during the arrest and taken to a Syrian Air Force Intelligence prison, where he was reportedly tortured.
Mustafa A. had been living in the Netherlands since 2020 and had applied for asylum there.
Procedure
In 2020, the Syrian Center for Media and Freedom of Expression (SCM) shared information regarding the allegations against Mustafa A. with the Dutch war crimes unit.
The Dutch police arrested Mustafa A. in Kerkrade on 24 May 2022. He was later charged with war crimes and crimes against humanity committed in Syria in 2013. In August and October 2022, The Hague District Court decided there were sufficient compelling reasons to keep him in custody.
On 22 January 2024, the Hague District Court determined that Liwa al-Quds was a criminal organization with the intent to commit bodily harm and pillage as war crimes, as well as unlawful detention as a crime against humanity. The court also confirmed that Mustafa A. held a leadership role within the organization. The court found Mustafa A. responsible for the arrest of one victim and complicit in the torture inflicted upon this individual in detention. Due to insufficient evidence, Mustafa A. was acquitted of charges related to the arrest and torture of a second victim. He was sentenced to 12 years in prison.
Both Mustafa A. and the prosecution service have filed appeals against the decision.
On 27 August 2025, The Hague Court of Appeal rejected the appeal filed by Mustafa A. and upheld the judgment of the Hague District Court, while increasing the sentence to 13 years of imprisonment.