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Compensation For The Victims Of Chemical Warfare In Iraq And Iran

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Chapter Summary

On 9 May 2007, Van Anraat was convicted for complicity in war crimes. He was convicted of violating the 1925 Geneva Gas Protocol, as well as international customary law prohibiting the use of chemical weapons in an international armed conflict and indiscriminatory attacks. During the war, Iraq used chemical weapons against its Kurdish minority population. These violations constituted not only a war crime committed by Van Anraat; they also constituted a tort under Dutch law against those who had suffered damage as a result of these crimes. Fifteen victims of the Iraq chemical attacks, both from Iran and Iraq, joined in the criminal case against Van Anraat. These victims submitted to the Dutch Court a claim for compensation for the damages and injuries they had suffered. This chapter discusses a few matters that are outstanding in this compensation case of the victims.

Keywords: Chemical weapon; Geneva Gas Protocol; international armed conflict; international customary law; Iran; Iraq; Van Anraat



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