Preventing Terrorism in the Courtroom – The Criminalisation of Preparatory Acts of Terrorism in the Netherlands

In: Security and human rights, Band 26, Heft 2-4, S. 162-192

Abstract

The shift towards preventism in security refers to the process in which national security becomes the focal point of policymaking. Within this preventative shift, more and more policy instruments, including criminal law, are being drawn into the realm of national security. The determining argument in this debate is the idea that we are faced with wicked problems, unknown threats and unpredictable risks that we must somehow control. Potentially catastrophic consequences demand exceptional measures here and now to control the risks and govern the future. In recent years, there has been a growing trend in Europe to criminalise preparatory acts related to terrorism. This article examines this trend in The Netherlands and analyses how it plays out in the courtroom and to what extent the preventative logic has permeated the legal sphere.