What happens after the perpetration of a crime involving nuclear or other radioactive material? What are the key considerations to take into account in the investigation and prosecution of such offences? These were some of the driving questions behind the organization of the table-top exercise “Glowing Tulip 2.0: from crime scene to courtroom”, which took place in The Hague, the Netherlands on 23-26 April 2024.
The exercise, which built upon a similar event held in 2015, was a joint initiative between the Governments of the Netherlands, Romania and the United States of America, in cooperation with UNODC and UNOCT. It aimed to support participating States in the development of their forensics response to incidents related to radioactive or nuclear material out of regulatory control, especially as it concerns the criminalization of events pursuant to the International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT).
In particular, the event addressed the role of nuclear forensics experts in the investigation and prosecution of nuclear security incidents, the admissibility of nuclear forensics expert evidence into judicial proceedings, and the importance of pre‐incident coordination and communication among scientific, law enforcement, and prosecutorial bodies. The exercise concluded with mock trials demonstrating the introduction and defense of nuclear forensics-related evidence in the judicial system.
Through a fictional scenario, participants were invited to reflect on and discuss the central role played by ICSANT (in particular through its criminalization and international cooperation provisions) in preventing, responding to, and prosecuting offences involving nuclear or other radioactive material, as well as the contribution of both conventional and nuclear forensics from crime scene investigation to reporting in court (including necessary considerations for their application to investigations into radiological/nuclear security incidents). Other topics addressed during the event were the importance of information sharing mechanisms in support of criminal investigations involving nuclear or other radioactive material, including sharing nuclear forensics data to strengthen investigations and regional security cooperation, and successful approaches and potential pitfalls associated with introducing and defending nuclear forensics-related testimony in court proceedings.
The event, which consisted of a combination of presentations, interactive workshops and group discussions leading to mock trials, gathered 70 participants from nuclear forensics bodies, regulatory authorities, law enforcement, the judiciary, armed forces, Ministries of Foreign Affairs and the Interior, and other relevant agencies from Algeria, Germany, Hungary, Indonesia, Italy, Jordan, Lebanon, Libya, Morocco, the Netherlands, Philippines, Romania, Thailand, the United States of America and Viet Nam, as well as from the IAEA, INTERPOL, UNODC, UNICRI and UNOCT.
The event was co-funded by the EU within the framework of the project “Promoting Universalization and Effective Implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism”.