Alleged terrorists and other perpetrators of serious non-political crimes; the application of Article 1F(b) in the Netherlands

Alleged perpetrators of serious non-political crimes are excluded from refugee protection on the basis of Article 1F(b) of the Refugee Convention. This study offers a first complete and systematic empirical analysis of the application of Article 1F(b) in a given country, in this case the Netherlands. The analysis shows that most of the cases in which 1F(b) is applied are crimes motivated not by personal reasons or gain, but rather by political, ideological, ethnic and/or religious beliefs. The study furthermore suggests that, in determining what constitutes 'serious' non-political crimes, factors extraneous to the commission of the crime itself, such as post-crime rehabilitation, are deemed irrelevant. Finally, the study shows that the postexclusion phase of 1F(b) cases is full of hurdles: domestic prosecution and extradition are often not possible, while voluntary or forced return may be barred because of non-refoulement obligations. Consequently, possibly dangerous, unwanted but unreturnable individuals disappear from the radar and travel around in Europe.