The Netherlands can deport three Congolese nationals who were witnesses to the International Criminal Court in The Hague, the Council of State ruled on Friday.

The council said a good agreement has been made with Congo about their safety. It is ‘not likely’ they need fear poor treatment, an unfair trial or the death penalty, the council statement said.

The three were brought to the Netherlands in 2011 to give evidence against two militia leaders. All three fought on the same side as the militia leaders – one of whom, Germain Katanga, was recently jailed for 12 years. They were in jail in Congo on war crimes charges when they were brought to the Netherlands.

Asylum

Under the agreement with Congo, the ICC would hold the three, allow them to give evidence, and then send them back. But instead they all requested asylum.

The asylum requests were turned down because they are potential war criminals, which is grounds for refusal in the Netherlands. Nevertheless, a lower court refused to send them back to Congo, saying their lives could be in danger. Their evidence included statements accusing president Kabila of war crimes.

The Council of State disagreed with the lower court’s interpretation of the facts, saying the ICC had made proper agreements about their treatment. In addition, the ICC can monitor the legal processes against the men and visit to them to ensure their safety.