The Dutch businessman Guus K. has been sentenced to eight years’ imprisonment by the District Court in The Hague for violating a Dutch weapons embargo by delivering weapons to the regime of former Liberian President Charles Taylor. However, Guus K. – whose full name has not been officially disclosed in the Netherlands – was acquitted of committing, or being complicit to committing, violations of the laws and customs of war in Liberia and Guinea. The Dutch Court also found that Guus K. was not responsible for violations of the laws and customs of war committed by his subordinates in Liberia.

In his capacity as president of the Liberian-based Oriental Timber Company (OTC), Guus K. had ongoing contact with Charles Taylor who saw the OTC as an important business venture.  The company had control over the Buchanan Harbour where the ship, Antarctic Mariner, which was owned by OTC, imported weapons for Charles Taylor. The court deduced from this a direct connection between the OTC and the illegal importation of weapons into the country. It determined that, as the only link between the OTC and Charles Taylor, Guus K. played an instrumental role in the ongoing delivery of the weapons.

The Dutch prohibition on arms delivery to Liberia derived from the two United Nations Security Council resolutions 1343 (2001) and 1408 (2002). In its conclusion, the court stated that Guus K. played a major role in the destabilisation and insecurity of the region and also in the violation of international peace. He was deemed to have played a central role in the illegal delivery of weapons and was motivated purely by his financial interests with the OTC and other companies. The court found that he did this with full knowledge of the prohibitions against such action.

Guus K.’s lawyer, Ms. Weski, announced that he will appeal the verdict. The Office of the Prosecution is also considering appealing the decision.