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faculty: "FdR" and publication year: "2008"
| Author||H. van der Wilt|
|Title||Genocide v. war crimes in the Van Anraat appeal|
|Journal||Journal of International Criminal Justice|
|Faculty||Faculty of Law|
|Institute/dept.||FdR: Amsterdam Center for International Law (ACIL)|
|Abstract||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 forVan 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.|
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