Mustard gas precursors for Saddam Hussein and Iran
Goods category: Dual-use goods (thiodiglycol; current goods classification, historical deliveries before the Goods Control Act).
Public Domain (US-Regierungswerk; PD-USGov-CIA)
During the Iran–Iraq War, the Swiss company FCA Contractor brokered supplies of thiodiglycol, a precursor used to manufacture mustard gas, to both warring parties. Contemporary reports mention 500 tonnes each for Iran and Iraq.
Frans van Anraat conducted chemicals deals through FCA Contractor in Switzerland. For his Iraqi transactions, the Court of Appeal in The Hague established that at least 1’116 tonnes of thiodiglycol were actually delivered between mid-1985 and February 1988. The chemicals originated in Japan and the United States and reached Iraq via routes including Trieste and Aqaba.
On 9 May 2007, van Anraat was sentenced in the Netherlands to 17 years in prison for complicity in war crimes. His deliveries contributed to the manufacture of mustard gas used in Iraqi chemical attacks against people in Iran and Iraq, including the attack on Halabja. He was acquitted of complicity in genocide. On 30 June 2009, the Hoge Raad upheld his conviction and reduced his sentence to 16 years and six months because of the length of the proceedings. The European Court of Human Rights declared his application inadmissible on 6 July 2010.
In 2016, a Texas court of appeals considered, among other evidence, shipping documents seized at van Anraat’s Swiss home in Alarcon v. Alcolac. It upheld the dismissal of a US Gulf War veteran’s damages claim because the connection between the chemical shipments in question and his injury had not been sufficiently established. This civil case was separate from van Anraat’s Dutch criminal conviction.
Effect of the proposed War Materiel Act revision
Dual-use goods are not subject to the War Materiel Act, but to the much weaker Goods Control Act. These cases are included for illustration.
Countries
Conflicts
Companies
Time period
1985–1988; became public in 1989; court proceedings in 2007–2016
Sources
- BaZ, 01./02.02.1989; NZZ, 01./02.02.1989
- Gerechtshof Den Haag, 09.05.2007, ECLI:NL:GHSGR:2007:BA6734 (englische Urteilsfassung; insbesondere Abschnitte 11 und 12)
- Hoge Raad, 30.06.2009, ECLI:NL:HR:2009:BG4822 (Urteilstext; Strafmass 16 Jahre und 6 Monate)
- Europäischer Gerichtshof für Menschenrechte, Van Anraat v. the Netherlands, Nr. 65389/09, Entscheidung vom 06.07.2010
- Avocats Sans Frontières: Justice in a Globalised Economy – Corporate Responsibility and Accountability in European Courts, S. 40 (FCA Contractor und Frans van Anraat)
- Court of Appeals of Texas, Fourteenth District: Alarcon v. Alcolac, Nr. 14-14-00377-CV, 10.03.2016 (Urteilstext)