Today, the Appeals Court in The Hague will hear the case of four Iranians and the surviving relatives of a now-deceased Iranian against Melchemie (currently: Otjiaha), and (the heirs of) its CEO, the late Hans Melchers (hereinafter: Melchemie et al.)
The clients are victims of mustard gas attacks carried out during the Iran-Iraq war (1980-1988) by Saddam Hussein’s Iraq. The mustard gas that Iraq deployed on the battlefield was produced using thiodiglycol (hereinafter: TDG) in combination with a chlorinating agent; in the early 1980s, the only chlorinating agent it used for that purpose was thionyl chloride (hereinafter: SOCl2). Melchemie et al. sold large quantities of SOCl2 to Iraq: totalling 1,850 tonnes distributed over three deliveries in response to orders placed by Iraq in 1982, 1983, and 1984. The SOCl2 thus sold and supplied to Iraq by Melchemie et al. was used by Iraq to produce mustard gas. Due to their exposure to mustard gas on the battlefield, the clients suffered significant (health) damage for which they hold Melchemie et al. liable.
By judgment of 15 November 2023, the District Court of The Hague had dismissed the clients’ claims because in its opinion it could not be established whether Melchemie et al. knew or should have understood during the relevant period, that Iraq was using mustard gas produced with SOCl2. The focus of the appeal proceedings therefore lies on the knowledge and awareness of Melchemie et al. regarding this matter. Within the context of the appellate proceedings, additional facts and evidence emerged that further substantiate the clients’ position on the foregoing. The Dutch platform for independent investigative journalism Follow the Money published an extensive article on this topic today.
- T. Dominicus and H. Ede Botje, ‘Nederlands chemiebedrijf leverde willens en wetens grondstoffen voor Iraaks gifgas’, Follow the Money, 15 juni 2026 [available in Dutch]
The clients are represented in this case by lawyers Liesbeth Zegveld, Brechtje Vossenberg and Thomas van der Sommen.