Book contents
- The International Criminal Responsibility of War’s Funders and Profiteers
- The International Criminal Responsibility of War’s Funders and Profiteers
- Copyright page
- Contents
- Illustrations
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Part I Financiers and Profiteers after World War II
- Part II Arms Fairs and ‘Flying Money’
- Part III Developing the Available Law
- Part IV Where Should the Buck Stop?
- 10 Charles Taylor Inc.: Lessons from the Trial of a President, Businessman and Warlord
- 11 A Different Type of Aid
- 12 Aiding and Abetting and Causation in the Commission of International Crimes
- Part V Criminal Accountability and Beyond
- Part VI Discovering and Recovering the Profits of War
- Index
12 - Aiding and Abetting and Causation in the Commission of International Crimes
The Cases of Dutch Businessmen van Anraat and Kouwenhoven
from Part IV - Where Should the Buck Stop?
Published online by Cambridge University Press: 18 September 2020
- The International Criminal Responsibility of War’s Funders and Profiteers
- The International Criminal Responsibility of War’s Funders and Profiteers
- Copyright page
- Contents
- Illustrations
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Part I Financiers and Profiteers after World War II
- Part II Arms Fairs and ‘Flying Money’
- Part III Developing the Available Law
- Part IV Where Should the Buck Stop?
- 10 Charles Taylor Inc.: Lessons from the Trial of a President, Businessman and Warlord
- 11 A Different Type of Aid
- 12 Aiding and Abetting and Causation in the Commission of International Crimes
- Part V Criminal Accountability and Beyond
- Part VI Discovering and Recovering the Profits of War
- Index
Summary
This chapter focuses on the actus reus for aiding and abetting liability, to be more specific: the standard of causation, in the context of companies and businessmen who contribute to mass atrocities. It will do so through the lens of two well-known Dutch cases, concerning two businessmen, Mr. Van Anraat and Mr. Kouwenhoven, who delivered weapons in situations of armed conflict and mass atrocities (Iraq in the 1980s and Liberia in the 1990s). While both men have been convicted for aiding and abetting war crimes, the requisite standard of contribution appears to differ considerably between the two cases. This chapter addresses the question as to what the degree of causation should be for aiding and abetting liability of companies and businessmen who have assisted in the commission of mass atrocities. This question is answered in the context of aiding and abetting in Dutch domestic criminal law and international criminal law.
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- Publisher: Cambridge University PressPrint publication year: 2020