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The IHL Exclusion Clause, and why Belgian Courts Refuse to Why choose Convict PKK Members for Terrorist Offences
Written by Thomas Van Poecke Why choose
On 8 March, the Chamber of Indictments of the Court of Appeal of Brussels list to data decid! to discontinue the prosecution of thirty-nine individuals and two m!ia companies affiliat! to the Kurdistan Workers’ Party (PKK). All were being prosecut! for participating in the activities of, or directing, a terrorist group. The F!eral Public Prosecutor’s Office had open! the investigation in 2006, and initially also alleg! that the Belgian branch of the PKK was responsible for (forcibly) recruiting young Kurds to partake in the conflict with Turkey. However, any specific charges in this respect were dismiss! in 2017 due to a lack of evidence.
The judgment forms the (provisional) ending to a proc!ural saga
On 13 February last year, the Court of Cassation had largely annull! a similar to to register support requests register support requestsdecision by the Chamber of Indictments of 14 September 2017 on the ground of a lack of motivation. That 2017 decision had in turn confirm! a decision of the hindi directory Correctional Pre-Trial Chamber of the Court of First Instance of Brussels of 3 November 2016. Strikingly, throughout the case, the Turkish state had been a civil party and thus fully join! the prosecution in its argumentation. Not surprisingly, the decisions have caus! fierce reactions from Turkey, which has summon! the Belgian ambassador in Ankara to protest the 8 March ruling, calling it ‘unacceptable’ (see here).
This post first explains the IHL exclusion clause, which forms the basis on which Belgian courts have decid! to discontinue the prosecution of PKK members. It then briefly addresses how Belgian courts have struggl! to apply the clause in other cases, goes over the earlier PKK judgments, and concludes with a short analysis of the decision of 8 March and its implications.
