LIBERIAN
“BLOOD TIMBER”
BUSINESSMAN
AWAITING
EXTRADITION
Guus Van Kouwenhoven
Context
Ongoing proceedings against a Dutch
national for alleged war crimes
committed during the second Liberian
civil war (1999–2003)
Suspect
Dutch national, director of operations
of the Oriental Timber Company
(OTC), and owner of the Royal Timber
Company (RTC), operating in Liberia
On 18 December 2018, the Supreme
Court upheld his conviction for
aiding and abetting war crimes. The
judgment is now final.
Current status
Sentenced
Facts
Whilst
managing
the
largest
timber operation in Liberia, Guus
Van Kouwenhoven facilitated the
importation of weapons for Charles
Taylor, thereby contravening UN
Security Council resolutions. These
weapons were supplied to militias
and used to carry out numerous
massacres.
Guus Van Kouwenhoven allegedly
made available trucks, drivers, and
facilities for the transportation and
storage of weapons, as well as armed
personnel to Charles Taylor’s troops.
Country of residence
Procedure
of suspect
The Netherlands
Charges
Complicity in war crimes, supplying
arms and ammunition in violation of
weapons embargoes
Developments in
2018
Guus Van Kouwenhoven’s extradition
hearings in South Africa were
postponed several times in 2018 for
medical reasons. The last hearing
took place in October.
On 26 June 2018, the Advocate General
advised the Supreme Court to uphold
the appeal court’s judgment, and
confirm his conviction for complicity
in war crimes committed in Liberia
and involvement in arms trafficking
for Charles Taylor.
On 18 March 2005, Guus Van
Kouwenhoven was arrested in
Rotterdam. He was charged with
delivering arms to Liberia, involvement
in war crimes committed in that
country, and breaching the embargo
decreed by the United Nations with
respect to Liberia.
His trial began on 24 April 2006 in The
Hague. On 7 June 2006, the Dutch Court
acquitted Guus Van Kouwenhoven of
war crimes due to a lack of evidence.
He was, however, sentenced to an
eight-year prison term for breaking
the UN arms embargo against Liberia.
Both sides filed an appeal.
On 10 March 2008, the Dutch Court of
Appeal overturned the conviction and
acquitted him of all charges due to a
lack of evidence.
On 20 April 2010, the Supreme
Court of The Netherlands (de Hoge
Raad) overturned the decision of
72
the Court of Appeal. The Supreme
Court considered that the appeal
judges wrongly rejected a prosecution
request to hear the testimonies of two
new witnesses, and ordered a retrial.
In December 2016, Guus Van
Kouwenhoven fled to South Africa.
Guus Van Kouwenhoven’s appeal
hearings began on 6 February 2017
before the Court of Appeal of Den
Bosch. On 10 February 2017, the
prosecution requested a 20-year
prison sentence.
On 21 April 2017, the Court of Appeal
of Den Bosch sentenced Guus Van
Kouwenhoven in absentia to 19 years’
imprisonment for complicity in war
crimes committed in Liberia, and for
his involvement in arms trafficking
for Charles Taylor. The Court of
Appeal considered that by providing
weapons, personnel, and equipment
to the armed conflict, Guus Van
Kouwenhoven consciously accepted
the probability that war crimes and/
or crimes against humanity would be
committed.
On 8 December 2017, Guus Van
Kouwenhoven was arrested in
South Africa on a Dutch warrant.
The Netherlands has requested his
extradition.
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