Genocide v. War Crimes in the Van Anraat Appeal

Bibliographic Data

ID12735604
AuthorsHarmen van der Wilt (Amsterdam University of Applied Sciences, corresponding author)
Year2008
Volume6
Issue3
Pages557-567
Publication date2008-07-01
Open AccessNo
TypeARTICLE
VenueJournal of International Criminal Justice (JOURNAL)
Journal identifiersISSN: 1478-1395 • E-ISSN: 1478-1387
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/jicj/mqn008
OpenAlexW2117330257
LanguageEN
Citations received3

Although in this case the Court of Appeal of the Netherlands and the District Court of The Hague in general reached similar conclusions, the grounds given by the Court of Appeal for Van Anraat's acquittal for complicity in genocide differed significantly from the approach taken by the District Court. The Court of Appeal concluded that the appellant was guilty of aiding and abetting war crimes: the evidence at trial demonstrated that Van Anraat knew that the chemical weapons for which he provided the basic materials could and indeed would be used against Iraq's enemies. The Court of Appeal sentenced Van Anraat to a term of imprisonment of 17 years, thus increasing by two years the sentence imposed by the District Court. In explaining the severity of the sentence, the Court of Appeal referred to the seriousness of the offences, the considerable contribution made by the defendant and his lack of remorse or compassion for the victims. The author discusses various theories of punishment, in particular those hinging on retribution and deterrence, and asks whether they adequately respond to international criminality

Acquittal · Appeal · Criminology · Culpability · Genocide · Political science · Remorse · Sociology · Tribunal · Historical and Contemporary Political Dynamics · International Law and Human Rights · Psychology · Torture, Ethics, and Law · Law · Social Psychology

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