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On 30 June 2009, the Dutch Supreme Court upheld a war crimes conviction against Mr. Frans van Anraat, a Dutch businessman, for the selling of chemicals to the government of Saddam Hussein during the Iraq-Iran war, which led to the production and use of poison gas. Mr. van Anraat had been found guilty of complicity in violations of the laws and customs of war by the District Court of The Hague on 23 December 2005, sentencing him to 15 years imprisonment, but acquitted of complicity to commit genocide. The ruling was confirmed in May 2007 by the Court of Appeals, The Hague, which increased the sentence to 17 years.
In its judgment, the Netherlands' highest court stated that Mr. van Anraat, as the only supplier of a gas called TDG, knew that the chemical was being used for the production of mustard gas, and that such mustard gas would be used in the Iran-Iraq war. As such, the decision confirmed the District Court's opinion that Mr. van Anraat, "…consciously and solely acting in pursuit of gain, has made an essential contribution to the chemical warfare programme of Iraq during the nineteen eighties. His contribution has enabled, or at least facilitated, a great number of attacks with mustard gas on defenseless civilians. These attacks represent very serious war crimes...". Public Prosecutor v. van Anraat, Judgment, District Court of The Hague, LJN: AX6406, 09/751003-04. Section 17.
Although the civil claims brought by 16 victims were dismissed for requiring extensive analysis of Iraqi and Iranian law, the judgment left open the possibility of pursuing compensation through the Dutch civil courts. As for sentencing, the Supreme Court reduced Mr. van Anraat's time in prison by 6 months, in consideration of the lengthy proceedings endured.
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