Facts
Abu Khuder (also known as Ahmad al Khedr) has lived in the Netherlands since 2014. He was granted temporary asylum after fleeing Syria.
According to an interview he gave to the newspaper The Guardian in 2012, Khuder had been an officer in a Syrian border force known as the Camel Corps when the conflict erupted in 2011, prompting him to join the Free Syrian Army (FSA) in its fight against the Assad regime. The same article states that Khuder subsequently became disillusioned with the FSA’s disorganization and lack of success.
He allegedly radicalized and joined Jabhat al-Nusra, a group previously linked to al-Qaeda, after members of that organization helped them attack an army base in the eastern city of Mohassan, driving out the government forces. He then reportedly rose to command a Jabhat al-Nusra battalion known as Ghuraba’a Mohassan (Strangers of Mohassan). In this capacity, Khuder allegedly participated in the execution of a captured Syrian lieutenant colonel in July 2012. Khuder denies the charges, maintaining that he lied to the Guardian journalist regarding his membership in Jabhat al-Nusra and that he, while present at the site of the killing, was not involved in the officer’s execution.
Procedure
On 21 May 2019, he was arrested and detained by Dutch police on suspicion of war crimes and terrorism offenses. According to the Dutch National Public Prosecutor, the arrest was based on witness testimonies obtained following a raid against six suspected former Jabhat al-Nusra members in Germany.
On 24 May 2019, an investigative judge in The Hague ordered the prolongation of Khuder’s detention during the judicial investigation. In hearings on 2 September and 18 November 2019, the lawyers of the accused denied the charges.
Abu Khuder remained in detention in 2020. His request to be released due to the illness of his daughter was rejected. He was, however, allowed to visit his family every three to four weeks, accompanied by prison guards.
On 16 July 2021, Khuder was found guilty of a war crime for his involvement in the execution of a prisoner hors de combat. He was sentenced to 20 years imprisonment. The Court found that there was insufficient evidence to conclude that Khuder was a member of Jabhat al-Nusra. Both Khuder and the prosecution filed an appeal against the judgment.
On 14 November 2023 the Hague Court of Appeal upheld Abu Khuder’s acquittal for membership of Jabhat al Nusra. It ruled, however, that the battalion in which he fulfilled a leading position, could itself be qualified as a terrorist organization. Hence, his prison sentence was increased to 23 years and 6 months.
On 22 November 2023, an appeal against this decision was filed before the Supreme Court.