Approval of Terrorist Actions

Have the Danish Courts Given Due Consideration to all Applicable Aspects in Cases Linked to the Israel-Hamas Conflict?

Abstract

The relationship between national and international criminal law has grown increasingly closer over time. However, are national courts providing enough consideration to international law in national criminal cases? In cases concerning Danish terrorism legislation and the approval of terrorism, it appears that the answer may be in the negative. The latest development in the conflict between Israel and Hamas has led to several national Danish indictments and convictions under § 136 (2) of the Danish Penal Code for approving the actions committed by Hamas against Israel on 7 October 2023. The article concludes that in such cases, the Danish national courts have not been conducting the required assessments linking national law to EU and international humanitarian law.