Joris Van Wijk
Biographic Data
| ID | 3922488 |
|---|---|
| NAME | Joris Van Wijk |
| GIVEN NAMES | Joris |
| FAMILY NAME | Van Wijk |
| SIGNATURE | VAN WIJK J |
| AFFILIATIONS | Vrije University, Amsterdam, the Netherlands |
| VERIFIED | No |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 70 |
| WORKS AS AUTHOR | 14 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2008 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 4 |
Angola’s Reconciliation Commission Civicop
This article analyzes the work of CIVICOP, a national reconciliation commission established in Angola in 2019 to honor victims of political conflicts during the civil war (1975–2002). Drawing on academic sources, media publications and interviews with stakeholders, it scrutinizes the timing, character and functioning of this transitional justice mechanism. CIVICOP can be considered a delayed transitional justice initiative in a non-transitional a…
The Aftermath of Dutch International Crimes Cases
This article describes the scale and nature of international crimes prosecutions in the Netherlands and maps the different scenarios that (may) unfold when criminal proceedings against a migrant suspect of international crimes conclude after acquittal or completion of a sentence. The article is based on an analysis of academic literature, Dutch legislation and case law, policy documents, and media reports. Since 1997, 20 individuals have been pro…
Islamic Law and the Balancing of Justice and Peace in Iraq’s Post-IS Landscape
Balancing justice and long-term peace and security in a postconflict context is highly complex. This article discusses the challenges in Iraq’s post-IS (Islamic State) landscape. Based on a review of relevant Arabic, English and Persian academic scholarship on Islamic law and Islamic political science on accountability and transitional justice, it discusses what Islamic law dictates state authorities to do with detained suspects of atrocity crime…
Asylum-Seekers Prosecuted for Human Smuggling
States increasingly prosecute irregular migrants – asylum-seekers included – for their (alleged) involvement in human smuggling during their own migration journey. Based on a literature review and interviews with lawyers, prosecutors, judges, and migrants on Sicily, this article provides insight into the nature and scale of this phenomenon in Italy and discusses the effects of criminal prosecution on these migrants’ asylum procedures. From 2015–2…
Seeking Asylum in the Digital Era
The increasing use of social media and mobile devices by asylum seekers offers new vetting opportunities for immigration authorities, to verify the identity or to assess national-security or 1F-exclusion aspects. Based on interviews with practitioners in Belgium, Germany, the Netherlands, Norway and Sweden, the first experiences with both of these new methods seem to be mixed, while formal evaluations of the results seem to be lacking. We argue t…
Introduction
international criminal law review 19 (
Undesirable but Unreturnable Migrants in the Netherlands
Undesirable migrants can include asylum-seekers believed to have committed crimes before arriving in the host State, immigrants who had their status revoked for having committed crimes in the host country, or immigrants who were not granted a status, or had their status revoked because they are considered to pose a current or future security concern. These undesirable migrants can be unreturnable because of different legal and practical reasons. …
The Emperor’s New Clothing
The “scandal” of foreign criminals whom our governments cannot send back to their own countries has become something of a tabloid obsession. Yet, while suspected or convicted of serious crimes or considered to pose a danger to society, such “undesirable and unreturnable” aliens equally often languish in an ambiguous and even dangerous state of protracted legal “limbo”, lacking a defined immigration status and attendant access to basic rights in t…
Alleged Terrorists and Other Perpetrators of Serious Non-Political Crimes
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, i…
Acquittals in International Criminal Justice
Despite the great body of academic research on international criminal justice, little attention has been given to the situation of those who have been acquitted. This article aims to fill this gap by offering an empirical overview of what happens to persons acquitted by the ICTY, ICTR, and the ICC. Rather than providing an in-depth legal analysis, the article emphasizes the challenges acquitted persons encounter. It discusses in particular: (1) t…
Pacifying and integrating the favelas of Rio de Janeiro An evaluation of the impact of the UPP program on favela residents
In 2008, to curb the violence in the city and in preparation for its bid to host the World Cup and the Olympic Games, Rio de Janeiro installed the “Unidades de Policia Pacificadora” (UPP) program. The aim of this program is to increase security by restoring state control in the favelas and by integrating the favelas and their residents into the formal city. Based on an extensive literature review and 30 (in-depth) interviews with key stakeholders…
Who is the ‘little old lady’ of international crimes? Nils Christie’s concept of the ideal victim reinterpreted
This article discusses to what extent Nils Christie’s famous stereotype of the ‘ideal victim’ is applicable in a context of international crimes. It argues that the characteristics of the ideal victim of genocide, crimes against humanity and war crimes largely overlap with the ideal victim of conventional crimes. Nevertheless, victims of international crimes face much more difficulty in publicizing their fate and consequently ‘benefiting’ from th…
When International Criminal Justice Collides with Principles of International Protection
In 2011 three Congolese ICC defence witnesses applied for asylum in the Netherlands. A decision has not yet been made. This article argues that three outcomes of their procedures are most likely: (i) an asylum permit is granted, (ii) a permit is denied, or (iii) the applicants are excluded from refugee protection on the basis of Article 1(f)(a). All scenarios would have serious practical and political consequences for the ICC, the Netherlands, an…
Helping hands
This article analyses to what extent the Burmese KNU insurgency made use of external support from states, refugees, and diasporas. Based on extensive fieldwork it is concluded that support from neighbouring states and refugees has for years kept the Karen rebellion alive. Western countries perceived forms of resistance to the illegitimate Burmese regime as just and have therefore played a crucial role in the continuation of conflict in Karen Stat…
Luanda – Holanda
Against the backdrop of push‐pull and social network theories on migration and criminological theory on human smuggling, this article tries to answer the questions of why and how Angolan asylum‐seekers migrated to the Netherlands since the end of the 1990s. The study shows that the migrants can be described as opportunity seeking migrants, rather than survival migrants. Most migrants made no use of typical human smugglers during their travel. The…
Who is the ‘little old lady’ of international crimes? Nils Christie’s concept of the ideal victim reinterpreted
This article discusses to what extent Nils Christie’s famous stereotype of the ‘ideal victim’ is applicable in a context of international crimes. It argues that the characteristics of the ideal victim of genocide, crimes against humanity and war crimes largely overlap with the ideal victim of conventional crimes. Nevertheless, victims of international crimes face much more difficulty in publicizing their fate and consequently ‘benefiting’ from th…
Seeking Asylum in the Digital Era
The increasing use of social media and mobile devices by asylum seekers offers new vetting opportunities for immigration authorities, to verify the identity or to assess national-security or 1F-exclusion aspects. Based on interviews with practitioners in Belgium, Germany, the Netherlands, Norway and Sweden, the first experiences with both of these new methods seem to be mixed, while formal evaluations of the results seem to be lacking. We argue t…
Luanda – Holanda
Against the backdrop of push‐pull and social network theories on migration and criminological theory on human smuggling, this article tries to answer the questions of why and how Angolan asylum‐seekers migrated to the Netherlands since the end of the 1990s. The study shows that the migrants can be described as opportunity seeking migrants, rather than survival migrants. Most migrants made no use of typical human smugglers during their travel. The…
Undesirable but Unreturnable Migrants in the Netherlands
Undesirable migrants can include asylum-seekers believed to have committed crimes before arriving in the host State, immigrants who had their status revoked for having committed crimes in the host country, or immigrants who were not granted a status, or had their status revoked because they are considered to pose a current or future security concern. These undesirable migrants can be unreturnable because of different legal and practical reasons. …
Pacifying and integrating the favelas of Rio de Janeiro An evaluation of the impact of the UPP program on favela residents
In 2008, to curb the violence in the city and in preparation for its bid to host the World Cup and the Olympic Games, Rio de Janeiro installed the “Unidades de Policia Pacificadora” (UPP) program. The aim of this program is to increase security by restoring state control in the favelas and by integrating the favelas and their residents into the formal city. Based on an extensive literature review and 30 (in-depth) interviews with key stakeholders…
The Emperor’s New Clothing
The “scandal” of foreign criminals whom our governments cannot send back to their own countries has become something of a tabloid obsession. Yet, while suspected or convicted of serious crimes or considered to pose a danger to society, such “undesirable and unreturnable” aliens equally often languish in an ambiguous and even dangerous state of protracted legal “limbo”, lacking a defined immigration status and attendant access to basic rights in t…
When International Criminal Justice Collides with Principles of International Protection
In 2011 three Congolese ICC defence witnesses applied for asylum in the Netherlands. A decision has not yet been made. This article argues that three outcomes of their procedures are most likely: (i) an asylum permit is granted, (ii) a permit is denied, or (iii) the applicants are excluded from refugee protection on the basis of Article 1(f)(a). All scenarios would have serious practical and political consequences for the ICC, the Netherlands, an…
Asylum-Seekers Prosecuted for Human Smuggling
States increasingly prosecute irregular migrants – asylum-seekers included – for their (alleged) involvement in human smuggling during their own migration journey. Based on a literature review and interviews with lawyers, prosecutors, judges, and migrants on Sicily, this article provides insight into the nature and scale of this phenomenon in Italy and discusses the effects of criminal prosecution on these migrants’ asylum procedures. From 2015–2…
Helping hands
This article analyses to what extent the Burmese KNU insurgency made use of external support from states, refugees, and diasporas. Based on extensive fieldwork it is concluded that support from neighbouring states and refugees has for years kept the Karen rebellion alive. Western countries perceived forms of resistance to the illegitimate Burmese regime as just and have therefore played a crucial role in the continuation of conflict in Karen Stat…
The Aftermath of Dutch International Crimes Cases
This article describes the scale and nature of international crimes prosecutions in the Netherlands and maps the different scenarios that (may) unfold when criminal proceedings against a migrant suspect of international crimes conclude after acquittal or completion of a sentence. The article is based on an analysis of academic literature, Dutch legislation and case law, policy documents, and media reports. Since 1997, 20 individuals have been pro…
Islamic Law and the Balancing of Justice and Peace in Iraq’s Post-IS Landscape
Balancing justice and long-term peace and security in a postconflict context is highly complex. This article discusses the challenges in Iraq’s post-IS (Islamic State) landscape. Based on a review of relevant Arabic, English and Persian academic scholarship on Islamic law and Islamic political science on accountability and transitional justice, it discusses what Islamic law dictates state authorities to do with detained suspects of atrocity crime…
Acquittals in International Criminal Justice
Despite the great body of academic research on international criminal justice, little attention has been given to the situation of those who have been acquitted. This article aims to fill this gap by offering an empirical overview of what happens to persons acquitted by the ICTY, ICTR, and the ICC. Rather than providing an in-depth legal analysis, the article emphasizes the challenges acquitted persons encounter. It discusses in particular: (1) t…
Luanda – Holanda
Against the backdrop of push‐pull and social network theories on migration and criminological theory on human smuggling, this article tries to answer the questions of why and how Angolan asylum‐seekers migrated to the Netherlands since the end of the 1990s. The study shows that the migrants can be described as opportunity seeking migrants, rather than survival migrants. Most migrants made no use of typical human smugglers during their travel. The…
Who is the ‘little old lady’ of international crimes? Nils Christie’s concept of the ideal victim reinterpreted
This article discusses to what extent Nils Christie’s famous stereotype of the ‘ideal victim’ is applicable in a context of international crimes. It argues that the characteristics of the ideal victim of genocide, crimes against humanity and war crimes largely overlap with the ideal victim of conventional crimes. Nevertheless, victims of international crimes face much more difficulty in publicizing their fate and consequently ‘benefiting’ from th…
When International Criminal Justice Collides with Principles of International Protection
In 2011 three Congolese ICC defence witnesses applied for asylum in the Netherlands. A decision has not yet been made. This article argues that three outcomes of their procedures are most likely: (i) an asylum permit is granted, (ii) a permit is denied, or (iii) the applicants are excluded from refugee protection on the basis of Article 1(f)(a). All scenarios would have serious practical and political consequences for the ICC, the Netherlands, an…
Helping hands
This article analyses to what extent the Burmese KNU insurgency made use of external support from states, refugees, and diasporas. Based on extensive fieldwork it is concluded that support from neighbouring states and refugees has for years kept the Karen rebellion alive. Western countries perceived forms of resistance to the illegitimate Burmese regime as just and have therefore played a crucial role in the continuation of conflict in Karen Stat…
Pacifying and integrating the favelas of Rio de Janeiro An evaluation of the impact of the UPP program on favela residents
In 2008, to curb the violence in the city and in preparation for its bid to host the World Cup and the Olympic Games, Rio de Janeiro installed the “Unidades de Policia Pacificadora” (UPP) program. The aim of this program is to increase security by restoring state control in the favelas and by integrating the favelas and their residents into the formal city. Based on an extensive literature review and 30 (in-depth) interviews with key stakeholders…
Undesirable but Unreturnable Migrants in the Netherlands
Undesirable migrants can include asylum-seekers believed to have committed crimes before arriving in the host State, immigrants who had their status revoked for having committed crimes in the host country, or immigrants who were not granted a status, or had their status revoked because they are considered to pose a current or future security concern. These undesirable migrants can be unreturnable because of different legal and practical reasons. …
The Emperor’s New Clothing
The “scandal” of foreign criminals whom our governments cannot send back to their own countries has become something of a tabloid obsession. Yet, while suspected or convicted of serious crimes or considered to pose a danger to society, such “undesirable and unreturnable” aliens equally often languish in an ambiguous and even dangerous state of protracted legal “limbo”, lacking a defined immigration status and attendant access to basic rights in t…
Alleged Terrorists and Other Perpetrators of Serious Non-Political Crimes
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, i…
Acquittals in International Criminal Justice
Despite the great body of academic research on international criminal justice, little attention has been given to the situation of those who have been acquitted. This article aims to fill this gap by offering an empirical overview of what happens to persons acquitted by the ICTY, ICTR, and the ICC. Rather than providing an in-depth legal analysis, the article emphasizes the challenges acquitted persons encounter. It discusses in particular: (1) t…
Introduction
international criminal law review 19 (
Asylum-Seekers Prosecuted for Human Smuggling
States increasingly prosecute irregular migrants – asylum-seekers included – for their (alleged) involvement in human smuggling during their own migration journey. Based on a literature review and interviews with lawyers, prosecutors, judges, and migrants on Sicily, this article provides insight into the nature and scale of this phenomenon in Italy and discusses the effects of criminal prosecution on these migrants’ asylum procedures. From 2015–2…
Seeking Asylum in the Digital Era
The increasing use of social media and mobile devices by asylum seekers offers new vetting opportunities for immigration authorities, to verify the identity or to assess national-security or 1F-exclusion aspects. Based on interviews with practitioners in Belgium, Germany, the Netherlands, Norway and Sweden, the first experiences with both of these new methods seem to be mixed, while formal evaluations of the results seem to be lacking. We argue t…
Islamic Law and the Balancing of Justice and Peace in Iraq’s Post-IS Landscape
Balancing justice and long-term peace and security in a postconflict context is highly complex. This article discusses the challenges in Iraq’s post-IS (Islamic State) landscape. Based on a review of relevant Arabic, English and Persian academic scholarship on Islamic law and Islamic political science on accountability and transitional justice, it discusses what Islamic law dictates state authorities to do with detained suspects of atrocity crime…
The Aftermath of Dutch International Crimes Cases
This article describes the scale and nature of international crimes prosecutions in the Netherlands and maps the different scenarios that (may) unfold when criminal proceedings against a migrant suspect of international crimes conclude after acquittal or completion of a sentence. The article is based on an analysis of academic literature, Dutch legislation and case law, policy documents, and media reports. Since 1997, 20 individuals have been pro…
Angola’s Reconciliation Commission Civicop
This article analyzes the work of CIVICOP, a national reconciliation commission established in Angola in 2019 to honor victims of political conflicts during the civil war (1975–2002). Drawing on academic sources, media publications and interviews with stakeholders, it scrutinizes the timing, character and functioning of this transitional justice mechanism. CIVICOP can be considered a delayed transitional justice initiative in a non-transitional a…
Political science (14 works) · Sociology (13 works) · Law (12 works) · Criminology (10 works) · European Criminal Justice and Data Protection (7 works) · International Law and Human Rights (6 works) · Migration, Refugees, and Integration (6 works) · Refugee (6 works) · Immigration (5 works) · Law (5 works)