Facts
The case concerns the company Werkzeugmaschinenfabrik Oerlikon (WO), a family-owned business that exported war materiel to several countries under embargo, including South Africa, Israel, Nigeria, Saudi Arabia, Egypt, and Lebanon, between 1963 and 1968. The exports were carried out with the help of false documents, including end-use certificates, and generated a turnover of 88 million Swiss francs.
The defendants, Lebedinsky, Gelbert, Meili, and Bührle, were accused of various offenses, including offenses against the War Materiel Act, falsification of documents, and complicity. Lebedinsky, director of the arms sales department, admitted to ordering the falsification of documents to obtain export permits. Gelbert, sales manager, falsified end-use certificates to obtain export permits. Meili, administrative manager, participated in the falsification of documents and helped to conceal the company's illegal activities. Bührle, owner of the company, was accused of complicity for allowing the illegal activities to continue without intervening.
Considerations
I. Jurisdiction of the Federal Criminal Court
The Federal Criminal Court has jurisdiction to try offenses against the War Materiel Act, as well as offenses of falsification of documents and complicity.
II. Offenses against the War Materiel Act
The defendants committed offenses against the War Materiel Act by exporting war materiel to countries under embargo without authorization. They also falsified documents to obtain export permits.
III. Falsification of Documents
The defendants falsified documents, including end-use…