Facts
The case concerns the company Von Roll AG, which delivered parts for war materiel to Iraq without authorization. The defendants, F., G., M. and P., were accused of violating the War Materiel Act (WMA). The procedure began in 1990, when the Swiss authorities discovered that parts for war materiel had been delivered to Iraq without authorization.
The defendants denied the accusations, arguing that the delivered parts were not intended for military purposes. However, the evidence showed that the parts in question were indeed intended for military purposes and that the defendants had acted intentionally or negligently.
Considerations
I. Introduction
The Federal Court examined the accusations brought against the defendants and found that the parts delivered to Iraq were indeed parts for war materiel. The Court also found that the defendants had acted intentionally or negligently.
II. The violation of the WMA
The Court examined the provisions of the WMA and found that the defendants had violated articles 17 and 19 of the WMA. The Court also found that the defendants had acted intentionally or negligently.
III. The responsibility…