Aiding and Abetting and Causation in the Commission of International Crimes: The Cases of Dutch Businessmen van Anraat and Kouwenhoven

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.