Dutch Council of State doubts value of stripping citizenship from terror recruits

The Netherlands’ Council of State is doubting the usefulness of a law that lets the government revoke Dutch citizenship from adults who join terrorist organizations abroad and is urging the cabinet to prove why the measure must be made permanent.

The cabinet wants to turn the temporary power into a permanent one. But the country’s highest legislative advisor says the need for that step is not clear.

Since 2017, the Minister of Justice and Security has been able to revoke Dutch citizenship from people who travel abroad to join a terror group. The action is allowed only if the person is an adult and also holds another nationality.

The law has been used 25 times, according to figures the cabinet shared with the Tweede Kamer last month. It succeeded in 15 cases; one case is still pending.

Justice and Security Minister David van Weel (VVD) defended the measure in a recent press release. “This law ensures the revocation of Dutch citizenship when necessary to protect national security, preventing their return to the Netherlands,” van Weel said. “In this way, we proactively guard our borders and keep our kingdom safe.”

The Council of State takes a different view. The Council of State stated that the absence of "weighty arguments" prevents the law from becoming permanent. The advisory body stated, “It is unclear why national security could not already be sufficiently protected by other measures, such as those from criminal law.”

The Council of State advised the government to still make a strong case for why the law must be made permanent. If it cannot, the cabinet should not submit the bill. The advisor also noted that the authority to revoke citizenship could instead be extended for another five years. That would allow more time to examine whether a permanent law is truly needed.