The Public Prosecution Service East Netherlands has concluded a fact-finding investigation into the use of force by Dutch F-16s on March 22, 2016, in Iraq. In 2023, a report was received that civilian casualties may have occurred during this use of force. The Public Prosecution Service initiates a fact-finding investigation in such cases to determine the circumstances under which civilian casualties occurred. This investigation did not yield any suspicion that there was a violation of the applicable rules of engagement or that other criminal offenses were committed. The fact-finding investigation has been concluded, and the results have been shared with the Ministry of Defence.
On March 22, 2016, as part of the air campaign Operation Inherent Resolve against ISIS in Iraq, an attack was carried out on buildings at the university campus in Mosul. According to the coalition countries that collaborated in Operation Inherent Resolve, these buildings were being used by ISIS as headquarters at that time. No indications of civilian casualties emerged from the information available to Defence at the time. The US Central Command (CENTCOM), the headquarters in the United States directing operations against ISIS, also deemed it unlikely that civilian casualties had occurred in 2017.
Civilian casualties
Journalistic research has shown that indeed seven civilian casualties may have occurred during this use of force. In response, Defence established a Commission of Inquiry and reported to the Public Prosecution Service. Based on the report, the Public Prosecution Service decided on March 28, 2023, to initiate a fact-finding investigation, in accordance with its own instructions. Besides the report, Defence did not file a criminal complaint. The report from Defence also did not raise any doubts about the legality of the use of force. Therefore, the fact-finding investigation was not aimed at assessing legality but was intended to form as complete an independent picture as possible of the violence that was used.
The investigation looked into the function of the buildings on the university campus in Mosul, the activity of ISIS in the area, and the situation on March 22, 2016. Various witnesses were heard in the Netherlands, and documents provided by Defence were studied.
Both the Commission of Inquiry from Defence and the Public Prosecution Service expressed the desire to also conduct research in Iraq. In the summer of 2024, a delegation from the Public Prosecution Service, the Military Police, and the Commission of Inquiry traveled to Erbil. Both the Public Prosecution Service and the Commission of Inquiry explicitly stated and documented that each would conduct its own independent investigation and that only in Iraq would they act together. In Erbil, discussions were held with survivors and eyewitnesses. A visit was also made to the affected area in Mosul to gain a better understanding of the situation on the ground and the affected buildings.
Buildings
The two bombed buildings were located next to each other and were both designated as an ISIS headquarters. Dutch F-16s first bombed building 1, and a few minutes later, coalition partners struck the adjacent building 2. Footage taken from the F-16s shows no objects or subjects that could indicate the presence of civilians shortly before and during the Dutch use of force.
Statements have shown that ISIS members or leaders lived with their families in building 1 and surrounding buildings. However, former staff from the university of Mosul also lived in building 1. Although witnesses state that no ISIS members lived in building 1 on the day of the bombing, ISIS members were observed on the premises and at the residential complex a week before and shortly after the bombing.
The investigation by the Public Prosecution Service faced various limitations. There was a significant time lapse, which could affect the statements of those involved. Obtaining information from coalition partners is complex and time-consuming. Despite these limitations, the Public Prosecution Service formed a relatively good picture of the use of force and its consequences.
It is likely that seven people died in the bombing of building 1. The Public Prosecution Service assumes that these were civilian casualties. No indications have emerged during the investigation suggesting that they were affiliated with ISIS.
Coalition partner
The determination of the military objective, within the so-called targeting process, was done by a coalition partner. The Public Prosecution Service has no access to the intelligence that underpinned this. However, the Public Prosecution Service does have information stating that both buildings were designated as ISIS headquarters and that ISIS leaders had access to the buildings. This information dates back to February 1, 2016, with the procedure being that this information is updated until shortly before the actual deployment. The Public Prosecution Service has not gained concrete insight into how the information was updated. In any case, there have been no changes regarding the target, as has been shown by the fact-finding investigation.
Based on witness statements, it cannot be concluded that either or both buildings were in use as an ISIS headquarters at the time of the attack. This does not mean that applicable rules of engagement were violated or that individual Dutch soldiers can be held criminally liable. The Netherlands relied on intelligence from coalition partners. The Public Prosecution Service bases its fact-finding investigation on the intelligence that was available at the time of the attack and which the Dutch soldiers were allowed to rely on. The fact that the actual situation on the university grounds turned out to be different afterwards does not change this. Therefore, the fact-finding investigation did not transition into a criminal investigation and has been concluded.