Ongoing PhD Projects

From Smuggled to Smugglers: the Criminalization of irregular migrants for their involvement in human smuggling

Project information
  • PhD Candidate: Flavia Patanè
  • Supervisors: Hans Nelen, Arjen Leerkes (Rotterdam Erasmus University), Johannes Keiler
  • Abstract: This project examines the phenomenon of irregular migrants, asylum seekers included, that participate in human smuggling procedures to facilitate their own migration journey to the EU and within the Schengen area. Through collection of empirical data, it will be explored to what extent EU States - e.g. Italy and the Netherlands - prosecute this category of migrants and the impacts possible prosecutions have over the involved migrants’ access to international protection. The project therefore explores the balance that should be reached in these cases between States’ interest to fight human smuggling and the rights of the migrants in light of States’ international obligations towards refugees and asylum seekers.

Vulnerable but autonomous: a multi-disciplinary approach to the juvenile's right to silence throughout the criminal proceedings in Dutch law and practice

Project information
  • PhD Candidate: Peggy van Vrugt
  • Supervisors: Prof. Dr. J.M. Nelen, Dorris de Vocht (University of Tilburg), Yannick van den Brink (Vrije University Amsterdam)

     

  • Abstract: The right to silence is one of the most fundamental, yet controversial procedural rights in (youth) criminal law. Due to their vulnerability and special needs, it is unclear to what extent young suspects can effectively exercise their right to silence in practice. Moreover, it is unclear how the right to silence is perceived by youth justice practitioners, in light of the pedagogical aim of youth criminal justice. This research deploys a multi-disciplinary and multi-method approach to study how the right to silence of young suspects is exercised and perceived throughout criminal proceedings and whether adjustments in Dutch law, policy or practice are needed.

     

Online Trade of New Psychoactive Substances in a Cross-Border Context

Project information
  • PhD Candidate: Jessica Noack
  • Supervisors: Hans Nelen, Roland Moerland

     

  • Abstract: Despite their potential for serious harm, new psychoactive substances (NPS) have become increasingly available and popular in recent years. These substances are by definition not governed by the same international laws as other established drugs. This research investigates the modus operandi and characteristics of NPS networks to better understand the motivations, incentives and dynamics of those involved in these (il-)legal drug markets. It aims to address these issues by taking into account the different cross-border contexts of the Netherlands, Belgium, and Germany, and to illuminate challenges and opportunities law enforcement officials are presented with in their respective jurisdictions.

     

Neuro-intervention in Dutch Criminal Justice - Legal and Ethical challenges

Project information
  • PhD Candidate: Ruben Knehans
  • Supervisors: David Roef, Hans Nelen

If Truth Be Told: European Perspectives on Deceptive Use of Evidence in Interviews with Criminal Suspects

Project information
  • PhD Candidate: Marika Madfords
  • Supervisors: Hans Nelen, Miet Vanderhallen, Simon Oleszkiewicz

     

  • Abstract: The strongest predictor of a guilty suspect confessing is their perception of the strength of the evidence against them, which may tempt investigators to misrepresent the strength of available  evidence. Such deception can diminish the quality of the interview outcome, endanger the suspect’s right to a fair trial, and damage public trust in the criminal justice system. This project empirically investigates different forms of misrepresented evidence and evaluates European legal safeguards aimed at constraining investigators’ deceptive evidence use in suspect interviews.

     

Risk and Vulnerability in the Assetization of Expensive Pre-owned Watches

Project information
  • PhD Candidate: H. Konstantin Jänicke
  • Supervisors: Donna Yates, Rachel Pownall (School of Business and Economics), Giulia Giardi

     

  • Abstract: This interdisciplinary research project focuses on the luxury watch sector and its relation to subversive crime. To that end, the sector and its environment are analysed from an economic and sociological perspective, and the findings are evaluated through the lens of Criminology. The goal is to conduct a comprehensive analysis of the economic and sociological structures in the sector, and to place them within a criminological framework. Ultimately, risks and vulnerabilities for subversive crime within this sector will be pointed out and addressed.

     

The application of forensic radiology in forensic technical investigations

Project information
  • PhD Candidate: Ingrid Haest (external)
  • Supervisors: Hans Nelen, Marco Jelicic

     

Manipulating the value of digital assets: The role of value ambiguity in digital assets in money laundering

Project information
  • PhD Candidate: Anrike Visser (external)
  • Supervisors: Hans Nelen, Christoph Rausch (UCM)

     

  • Abstract: In this research, we will look at how value ambiguity and value manipulation of digital assets play a role in money laundering. Financial crime using digital assets is creating headlines all over the world and the amounts are staggering. Digital assets are a new example of unique high value goods, similar to art and expensive watches, the trade of which created opportunities for the illicit proceeds of crime being tolerated, facilitated or undetected (Yates & Rausch 2022). In fact, the emergence of digital assets, which are also called the “new gold”, creates new opportunities for financial crime (Pittis, 2021). A contributing factor to money laundering via high-value goods is value ambiguity and price manipulation (Karpik 2010; Velthuis 2011; Orleans 2014), which are prevalent in the trade in digital assets and the topic of this research.

     

Herstelgericht politiewerk in Nederland: naar een structurele en duurzame inbedding binnen de politieorganisatie

Project information
  • PhD Candidate: Jan-Jasper de Vries (external)
  • Supervisors: Hans Nelen, Jacques Claessen

     

     

Capable Guardianship in de aanpak van georganiseerde criminaliteit

Project information
  • PhD Candidate: Jimmy Maan (external)
  • Supervisors: Hans Nelen, Giulia Giardi, Teun van Ruitenburg (Avans Hogeschool)

     

     

Toward a self-reflective criminology of the networked perpetrator-victim-facilitator triad that enables human trafficking, money laundering, and corruption

Project information
  • PhD Candidate: Marie Gabenisch
  • Supervisors: Prof. Dr. J.E.B. van Coster van Voorhout, Dr. Y. Eski (VU Amsterdam)

     

  • Abstract: This research analyzes the (perceived) roles, images and understandings of the perpetrator-victim-facilitator triad in crimes that undermine democracy and the rule of law. She seeks to develop a better understanding of human trafficking for labor and criminal exploitation, whose victims remain largely undetected. To this end, she conducts participant observations and interviews with anti-trafficking professionals, as well as victims, perpetrators and facilitators of human trafficking in the Netherlands. 

     

Decisions in death investigations in the Netherlands/ Beslissingen in het overlijdensonderzoek

Project information
  • PhD Candidate: Gisela de Heus (external)
  • Supervisors: Prof. Dr. Mr. W.L.J.M. Duijst, Prof. Dr. R.R. van Rijn (AMC)

     

     

Mutual recognition of freezing and confiscation orders and applicable remedies: gaps and shortcomings of the European legal framework in light of a comparative analysis

Project information
  • PhD Candidate: Gaetano Ancona
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Dr. C. Peristeridou  

     

  • Abstract: Freezing and confiscatory measures are fundamental tools for law enforcement authorities to secure proceeds of crime and recover criminal assets. The European Union is creating a legal framework that aims to allow judicial authorities to easily retrieve criminal assets throughout the Area of Freedom Security and Justice. The research aims to clarify whether the European legislator has identified and provided for the conditions for cooperation between judicial authorities in the field of asset recovery and, consequently, to identify those that might serve the purpose. The analysis will take into due consideration the position of affected individuals and their fundamental rights, to understand whether effective protection is granted in national and cross-border proceedings.

     

Reconciling human rights concerns when extraditing to China

Project information
  • PhD Candidate: Gang Huang
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Dr. E.C. Loibl  

Addressing the Character of the 1945-49 Armed Conflict and Its Post-1950 Consequences

Project information
  • PhD Candidate: Nurhidayatuloh
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Dr. Mr. C.A.R. Moerland  

     

  • Abstract: The 1945–1949 Indonesia–Netherlands conflict remains the subject of debate regarding whether the events constitute “serious crimes. During this period, the Republic of Indonesia was recognized as a de facto government, a status affirmed by a United Nations Security Council resolution. Notably, the conflict saw widespread atrocities, including massacres, torture, and sexual violence by Dutch military forces to the local populations, as well as retaliatory acts by Indonesian (para)military groups. To resolve the crimes, both governments made an agreement granting amnesty for crimes committed during the conflict. This study focuses on analyzing the nature of the breaches, the legal impact of de facto recognition, and the amnesty’s relevance to (international) criminal accountability before and after 1950.

Assessing of damage caused to archaeological sites by anthropogenic factors

Project information
  • PhD Candidate: Irina Olevska (external)
  • Supervisors: Dr. D. Yates, Prof. Dr. Mr. A.H. Klip

     

     

The Trade in Exotic Pets Between South Africa and Germany: The Structure and Security Dimensions of This Route

Project information
  • PhD Candidate: Janine Heim (external)
  • Supervisors: Dr. D. Yates, Dr. A. Hübschle (University of Cape Town)  

     

  • Abstract: This project explores the trade in exotic pets from a new angle by using the ‘zooming-in, zooming out’ method to reconstruct the path of a traded exotic pet between South Africa, a comparatively capital-poor, but biodiversity-rich country, to Germany, capital-rich, but biodiversity-poor country. 'Zooming-in, zooming-out' is a mapping strategy that traces a cultural formation from and within multiple sites and multiple perspectives. It has predominantly been used in organisational research and management studies but offers the tools to reconstruct connected enterprises through an object (in this case the exotic pet) they trade by focusing on the inclusion of context, relations, and socio-material activities. For this project, the different dimensions of the trade are researched by trialling ‘zooming-in’ as a method to wholistically reconstruct previously unassessed trade routes, its participants, and their inherent dynamics; and testing ‘zooming-out’ as a method to examine vulnerabilities emanating from these reconstructed routes.

     

COMCRIM: Combatting crimes that undermine democratic societies governed by the rule of law in a smart and comprehensive manner

Project information
  • PhD Candidate: Aryan Nijhara
  • Supervisors: Prof. Dr. J.E.B. van Coster van Voorhout, Dr. A.I. Barros, Prof. Dr. F.P. Pijpers (VU Amsterdam)

     

     

A small leak will sink a great ship: The use of leaking behaviour for threat assessment of jihadist terrorist attacks

Project information
  • PhD Candidate: Astrid Bastiaens
  • Supervisors: Prof. Dr. J.W. van Prooijen, Prof. Dr. M. Jelicic  

     

  • Abstract: In this project, we aim to validate a novel threat assessment instrument for Islamist terrorist attacks in the Netherlands. Next to stipulating the theoretical reasoning and foundation of this instrument in international journals, we will test the instrument empirically. We will apply a recent case to the instrument and detail for practitioners in which ways the instrument would have been helpful in this case. In addition, we will test the instruments' postdictive power using confidential case files from the Dutch public prosecution. In a final study, we plan to compare the instrument to other commonly used instruments in the threat assessment of terrorism using a case database of German casefiles.

     

     

Interlocutory Appeals at the International Criminal Tribunals - Rationales, Functions and Future Perspectives

Project information
  • PhD Candidate: Rebecca Heemskerk
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Dr. K.H. Brodersen

     

  • Abstract: In proceedings before International Criminal Tribunals and -Courts (ICTs), interlocutory appeal is permitted on a variety of issues. Adopted to accommodate the challenges that accompany international criminal proceedings, it supposes to strengthen both efficiency and fairness. In practice, interlocutory appeals contribute to significant delays, often without delivering a resolution to the issue, undermining instead of promoting efficiency. The certification procedure for interlocutory appeals seems arbitrary, threatening fairness. This research will ascertain how interlocutory appeals at ICTs affect the rights and interests of the stakeholders, will question the self-evidence of these appeals and propose conditions to improve their functioning.

     

     

Victims, Witnesses, Accused and the host State-ICT Relationship: Between Hospitality and Hostility

Project information
  • PhD Candidate: Robert Harmsen (external)
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Dr. E.C. Loibl  

     

  • Abstract: This research examines under what conditions legal obligations arising for the Netherlands, acting as host State to International Criminal Tribunals [ICTs] – specifically the ICC, ICTY, and MICT – may lead to potential human rights violations  under the European Convention on Human Rights [ECHR] affecting victims, witnesses,  and the accused that are brought before these ICTs.  It analyses the interaction between host State obligations under their respective  headquarters agreements, the allocation of jurisdiction between the ICTs and the host  State, and the Netherlands’ responsibilities as a High Contracting Party to the ECHR. 

    Through a doctrinal and case-based analysis of tribunal practice, domestic measures,  and European human rights jurisprudence, the study aims to identify protection gaps that could adversely affect the human rights of victims, witnesses and the accused. It  further assesses whether, and under what conditions, such potential violations can be reconciled within the existing legal framework without undermining the effective functioning of international criminal justice.

     

     

Enhancing human rights due diligence in relation to serious human rights violations that amount to crimes that undermine democracy and the rule of law in and via the Netherlands

Project information
  • PhD Candidate: Tim Bekkers
  • Supervisors: Prof. Dr. J.E.B. van Coster van Voorhout, Prof. Dr. Mr. S. van der Aa, Prof. Dr. M.W. Scheltema (Erasmus University)

     

NODOV (Nader Onderzoek Doodsoorzaak bij Overleden (jong)Volwassenen)

Project information

Tess Wemeijer

Prof. Dr. Mr. W.L.J.M. Duijst, Prof. Dr. P.A.M. Hofman (MUMC)

Bones of Contention: Mapping the Odd Interactions of Law with Paleontological Objects

Project information
  • PhD Candidate: Paul Stewens
  • Supervisors: Dr. D. Yates, Dr. A. Parise  
  • Abstract: Wherever there are categories, ambiguous cases defy classification. This opens up a fundamental, intriguing question of law with its need for clarity and certainty: What challenges do law and legal institutions face when dealing with ambiguous, contested objects? My project investigates this by studying the interaction of the law with a particular group of ambiguous objects: fossils. It undertakes to understand the challenges that law, legal institutions, and lawyers face and pave the way toward better legal protection for the palaeontological heritage.
     

Bevoegdheden tot digitaal opsporen in het kader van de modernisering van het Wetboek van Strafvordering

Project information
  • PhD Candidate: Marina Kazlova (external)
  • Supervisors: Prof. Dr. Mr. S. van der Aa, Prof. Dr. J. Simmelink

Shining a light on the dark number of crimes that undermine democracy and the rule of law and modelling more effective data-driven (preventative) interventions

Project information
  • PhD Candidate: Alexandrah Bakker
  • Supervisors: Prof. Dr. J.E.B. van Coster van Voorhout, Dr. M.M. Dolman

Investigate the outdoor seasonal decomposition pattern and rate of small cadavers in the Netherlands to create a baseline

Project information
  • PhD Candidate: Iris Sluis (external)
  • Supervisors: Prof. Dr. Mr. W.L.J.M. Duijst, Dr. T. Krap
  • Abstract: An average of three deceased infants are annually found in the Netherlands, which is considered only the tip of the iceberg, as the number of unreported cases is likely much higher and this issue is not unique to the Netherlands. Investigating these cases raises several questions, including the viability of the infants, the presence of natural diseases or trauma, and the cause and manner of death. The decomposition process complicates finding answers but also provides valuable information for estimating the postmortem interval (PMI), the time between death and discovery of the individual. An accurate estimation of the PMI helps in dating the time of death, reconstructing the events leading up to death, and identifying the deceased. While many studies have focused on the decomposition process of human adult remains, it is also important to investigate the decomposition process of small-sized remains to gain more insight into the decomposition process of juveniles. Furthermore, scoring models for estimating the PMI are based on and intended for the remains of larger individuals, and no models exist for the decomposition process of smaller individuals. Therefore, it is important to investigate to what extent the scoring models are still applicable to juveniles. I

    n the final stages of decomposition, skeletal remains persist as the end product of the decomposition process, however, decomposition continues within the bones. Therefore, it is crucial to gain a better understanding of the taphonomic influences that affect the extent and rate of bone degradation. A possible method to obtain more information about post-mortem microstructural changes in bone is by histological staining of the bone, which can provide insight into the degree of preservation. Since the degree of preservation can indicate the duration of exposure, this could potentially be linked to a PMI or burial interval (BI).

The Forensic Medical Examination of children suspected to be victims of recent sexual abuse

Project information
  • PhD Candidate: Nina Loman
  • Supervisors: Prof. Dr. Mr. W.L.J.M. Duijst, Dr. T. Gelderman (Loef)

     

Evolving Standards of Negligence and Shared Criminal Liability: Human and AI Interactions in High-Risk Decision-Making Environments

Project information
  • PhD Candidate: Saara Hammar
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Dr. A. Giannini
  • Abstract: A critical issue arises as human decision-making becomes increasingly reliant on AI systems: how should criminal liability be determined in scenarios involving AI assisted decision-making? Traditional concepts such as negligence and duty of care become obscure when they are applied in this context. High-risk settings, namely environments where decisions can lead to significant harm and severe consequences for affected individuals or society at large, reveal the challenges involved in the integration of AI systems into decision-making processes. The central problem this research addresses is the impact of AI on criminal liability and human agency.

Discrepancies in criminal sanctions

Project information
  • PhD Candidate: Nellie de With
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Jacques Claessen
  • Abstract: There is no legal system that fully executes imprisonment sentences exactly as they are imposed by the court. In almost all legal systems the executed sentence is shorter than the imposed sentence, for example as a result of early release or parole because of post-verdict circumstances. That creates tension between the expectations created by the imposed sentence and the reality of the executed sentence. It appears that the causal link between sentencing and execution is ambiguous. This raises a question: which factors play a part in determining sentences and how do we explain the disparity between sentences imposed and executed?

Early Marríages among Syrian Refugees in the EU

Project information
  • PhD Candidate: Richard Sondeijker (external)
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Prof. Dr. S.W.E. Rutten  

Law of Evidence: Do courts need a test to assess the competency of persons with cognitive, intellectual, or developmental disabilities?

Project information
  • PhD Candidate: Nondumiso Phenyane (external)
  • Supervisors: Prof. Dr. Mr. A.H. Klip, Dr. C. Peristeridou  

Teaching the Law or Teaching the Lesson? An Empirical Legal Study on the Pedagogical Approach in Dutch Juvenile Criminal Proceedings

Project information
  • PhD Candidate: Sophie Karatzas
  • Supervisors: Prof. Dr. Mr. J.A.A.C. Claessen, Dr. M. Vanderhallen, Dr. Mr. D.L.F. de Vocht  
  • Abstract: The pedagogical approach is the guiding principle of the Dutch juvenile criminal justice system. However, it is unclear to what degree this approach manifests itself during the trial phase and in the following final judgment. How key professionals give substance to the approach is underexamined. Equally, how juveniles experience trial proceedings and whether they understand (the reasons for) the judgment remains undetermined. Therefore, this research consists of an empirical legal study on the pedagogical approach at trials and in judgments, establishing how and to what extent the approach is realised in practice, and determining if and how it should be optimised.

Law The Decision-Making Process of Dutch Criminal Defence Lawyers' Use of Experts

Project information
  • PhD Candidate: Noa Kaesler
  • Supervisors: Prof. Dr. Mr. D.V.A. Brouwer, Dr. R. Horselenberg, Dr. M. Vanderhallen  

Quantitative Research on the Values for Collectors of Low-cost Antiquities

Project information
  • PhD Candidate: Emily Peacock (external)
  • Supervisors: Dr. D. Yates, Dr. A.S. Radermecker (Université libre de Bruxelles)
  • Abstract: This PhD project investigates the low-cost antiquities market in the UK and France, focusing on collectors’ and buyers’ motivations, value systems, understandings of law, social norms, and perceptions of crime. Using a grounded theory approach, the research combines interviews, participant observation, and surveys to explore how individuals engage with antiquities and how patterns of legal compliance and deviance emerge from buyers’ perspectives. The dissertation will consist of a coherent series of four academic papers written in English.

Supravitality

Project information
  • PhD Candidate: Erik Stigter (external)
  • Supervisors: Prof. Dr. Mr. W.L.J.M. Duijst, Prof. Dr. B. Madea (Universiteit Bonn)

Re-analyzing Confirmation Bias in Legal Context: A New Perspective of Measuring and Counteracting

Project information
  • PhD Candidate: Shaoqing Hou (external)
  • Supervisors: Dr. R. Horselenberg, Dr. J.M. Schell-Leugers