Iraq poison gas victims suing Dutch firms for supplying Saddam Hussein regime
Two Dutch firms, Melchemie and KBS Holland, which supplied chemicals to Iraq during the Iran-Iraq War in the 1980s, will face lawsuits from victims of poison gas attacks, de Volkskrant reported on Friday. Contrary to the companies' claims that the chemicals were intended for agricultural pesticide use, the victims assert that the firms were aware that their substances were being used to manufacture mustard gas.
Billionaire Hans Melchers, former owner of the Arnhem-based company Melchemie (now known as Otjiaha), is required to appear in The Hague court on June 22. He is accused of directly participating in the supply of 1,850 tons of thionyl chloride, a raw material for mustard gas, to Iraq between 1982 and 1984. The substance was sold as an "agricultural pesticide.” He reportedly overlooked signals about the misuse of his chemicals. Melchers has consistently denied these allegations.
During the Iran-Iraq War, which took place from 1980 to 1988, the Dutch government imposed an export ban to Iraq to prevent the supply of materials that could potentially be used for manufacturing weapons, such as chemical weapons components. Melchemie was sentenced in 1987 with a fine and a conditional closure for intentionally circumventing the Dutch export ban to Iraq via Italy.
Melchemie is not the only Dutch company facing a lawsuit on June 22. The Amsterdam-based company Forafina Beleggingen, formerly known as KBS Holland, is accused of supplying TDG, another component used in the production of mustard gas, during the same period.
The five victims in the case, who were soldiers or volunteers in Iranian military or affiliated groups, suffered lasting injuries from mustard gas attacks following Iraq's invasion of Iran in 1980. They endure respiratory issues and disability due to damage to their lungs, eyes, and skin. One requires an artificial windpipe, while another undergoes chemotherapy.
"These people’s lives were destroyed at the time," stated attorney Liesbeth Zegveld, who represents them in the case. She explained that externally, the damage might seem minor, but there is significant internal harm. “These Dutch companies share a part of the responsibility for that," she added.
Zegveld stated that the case serves as a warning to companies engaging in trade with countries at war, such as Russia and Ukraine, stressing the need for ethical responsibility over profit-driven motives. She previously handled a civil case against Dutch businessman Frans van Anraat, sentenced in 2009 for providing TDG to Saddam Hussein's regime.
