Meijers Committee
standing committee of experts on international immigration,
refugee and criminal law
terrorist violence are also single nationals. For example, it is estimated that 17% of Dutch
nationals who joined the jihad in Syria and Iraq were Dutch citizens without a migration
background who converted to Islam.122 As these ethnic Dutch usually have only one
nationality, they cannot be deprived of their Dutch citizenship even if they have committed
the same terrorist acts as dual nationals. In other countries, notably Belgium, France and Italy,
nationals by birth cannot be deprived of their citizenship even if they have nationality of
another state (paragraph 3 above), which means that only naturalised dual nationals face the
sanction of citizenship deprivation;
- second, withdrawal of nationality will not always have the effect of removing the threat to
national security. In France, for example, deprivation of citizenship does not automatically
result in expulsion. Thus, the applicants in the case of Ghoumid and others were still living in
France more than five years after their French nationality was withdrawn.123 Another example
is that of a Moroccan-Dutch woman whose Dutch nationality was withdrawn when she
presented herself, together with another Dutch woman and their young children, at the Dutch
embassy in Ankara after having escaped from the Al-Hol prison camp in Northern Syria.
Notwithstanding protest by the Dutch government, the Turkish authorities put the two
women and their children on a flight to Amsterdam as they had no right to stay in Turkey, the
Dutch criminal authorities made worldwide requests for their arrest with a view to extradition
long ago and one of the women and all three minor children had Dutch nationality.124 The
effectiveness of citizenship deprivation measures in combating terrorism has also been
questioned by the Dutch intelligence agency (AIVD), which initially took little action to enable
the application of these measures. In the agency’s view, withdrawal of the Dutch nationality
would not take away the potential threat posed by the persons concerned. For two years after
the entry into force of the relevant legislation, the AIVD prepared only three reports with a
view to withdrawing the nationality of persons they kept track of. It was only after an explicit
request by the Dutch Parliament that the service actively checked the files of all Dutch
nationals who travelled to Syria to join the jihad and considered withdrawal of their nationality
on national security grounds.125 The effectiveness of citizenship deprivation in combating
terrorism has also been questioned by the Dutch prosecutors’ office which opposed the
intended deprivation of nationality in most cases because it would make investigation and
prosecution of the terrorist crimes committed by the Dutch nationals concerned more
difficult;126
122
J. Groen, Jihadgangers zijn relatief vaak bekeerlingen, de Volkskrant 5 July 2017. This article cites
information from a database with characteristics of 207 of the officially estimated 280 Dutch nationals who
joined the jihad in Syria and Iraq. Qualitative empirical research amongst families of Dutch and Belgian jihadists
confirms that a considerable share of those jihadists are ‘converts’, see M. van San, ‘Belgian and Dutch Young
Men and Women Who Joined ISIS: Ethnographic Research among the Families They Left Behind’, Studies in
Conflict & Terrorism (2018) 41:1, p. 39-58, at p. 42.
123
Ghoumid and others/France, para 42.
124
Decision of Secretary of State for Justice of 30 October 2019, Staatscourant 2019, no. 60309 and TK 29754,
nos. 531 and 534
125
CTIVD, Toezichtsrapport no. 68, Over het handelen van de AIVD in het kader van intrekking van het
Nederlanderschap in het belang van de nationale veiligheid, 29 April 2020, p. 10-14.
126
Bex-Reimers et al 2020, p. 7 and 47.
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