The use or misuse of terrorist membership labels for the prosecution of core international crimes

This article offers a fair labelling evaluation of the use of minor terrorist offences, more specifically the crime of membership in a terrorist organization (MTO), in the context of the prosecution of core international crimes (CIC). By analysing the jurisdictions of Belgium, Germany and the Netherlands, this article seeks to demonstrate that there is a danger of over-inclusiveness to this label. The extent to which it can be used for conduct ranging from minor involvement in the organization (e.g. cooking, delivering clothes) to severe, criminal participatory acts (e.g. providing weapons) means that the label loses its expressive strength. This article’s discussion of exemplary cases within the selected jurisdictions will highlight the risks involved in using this label in cases concerning international crimes. Whereas each jurisdiction presents a set of unique fair labelling issues, we see a commonality in the prosecution of women for their involvement in terrorist groups. In each jurisdiction, there are examples of cases of women being convicted for MTOs despite their involvement being relatively minor. These cases show that prosecutorial and judicial authorities place significant emphasis on the women’s roles as wives, attaching considerable weight to their marriage and household and child-rearing tasks. In view of the overinclusion of the current MTO label and its use to indirectly expand liability for international crimes to individuals who were not involved in their commission, this article calls for a reconceptualization of MTO offences in the context of domestic international criminal law.