Extradition from the Netherlands to the United States—Wesam al Delaema

A Dutch court in Rotterdam has ruled that Wesam al Delaema, who we discussed nearly three months ago, can be extradited to the United States.^[1] Mr. al Delaema is accused of waging a guerrilla campaign against Coalition forces in Iraq, and evidence has been introduced against him that “includes a videotape he filmed of a group called ‘Warriors of Fallujah’ preparing a roadside bomb, which was widely shown on Arabic television stations.”^[2]

Mr. al Delaema claims he is innocent and argues that the US does not have the right to try him.^[3] His defense consisted mostly of saying that he was coerced by Iraqi insurgents into saying and doing things in order to save his own life. “Al Delaema argued that he was forced to make the video after being kidnapped and beaten. He said he feared being beheaded if he resisted.”^[4] His family also claimed that an interview he gave with Canadian journalist Katerine Brisebois, in which he said “I want to offer myself up for my land, for my people,” was intended as a joke.^[5] Dutch police also alleged that he set himself on fire during a protest in Amsterdam, but his family claims that he was simply standing too close to people who were burning American flags.^[6]

The Dutch court, however, has said that it sees no reason why Mr. al Delaema cannot be extradited.^[7] This means that the court does not view the alleged acts as being purely political or military in nature; if it had, it could have used the exceptions found in either the extradition treaty^[8] or the International Convention for the Suppression of Terrorist Bombings.^[9] On the other hand, since the defense consisted mainly of denying that he took any willing part of a campaign against Coalition forces, the exceptions likely were not raised.

Mr. al Delaema has vowed to appeal the decision, which will mean that he will not be sent to the United States any time soon.

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[1] Dutchman Accused of Attacking U.S. Troops in Iraq May be Extradited, Court Says, Associated Press, Dec. 12, 2005 (Not currently available online) [hereinafter AP]; see also Dutch Court Approves to Extradite Suspected Terrorist to US, Xinhua Online, Dec. 12, 2005.
[2] AP, supra note 1.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] Id.
[8] Extradition Treaty, Jun. 24, 1980, U.S.-Neth., art. 4, S. Treaty Doc. No. 97-7 (1983).
[9] International Convention for the Suppression of Terrorist Bombings, Jan. 12, 1998, art. 1, para. 4, S. Treaty Doc. No. 106-6 (2002).