Re Shipbuilding Yard 'Gusto'

• Jurisdiction: Holanda
• Docket Number: Case No. 132
• Date: 02 Septiembre 1947
• Court: Special Criminal Court (Netherlands)

Holland, Special Criminal Court, The Hague.

Case No. 132

In re Shipbuilding Yard, “GUSTO”.

Belligerent Occupation — Requisition of Services of Dutch Shipyard for Building of Sand Dredgers — Article 52 of the Regulations on the Laws and Customs of War on Land of 1907.

The Facts.—During the occupation of Holland, the Dutch shipyard “Gusto”, apparently acting on the orders of the occupant, continued and finished the construction of two suction dredgers originally intended for delivery to the Soviet Government. After the war, the directors of the firm were prosecuted for economic collaboration with the enemy. In their defence they relied on Article 52 of the Regulations on the Laws and Customs of War on Land of 1907. It was contended on their behalf that such sand dredgers could serve equally well for the civilian population as for the occupant, and that, therefore, their construction was permissible even without a special requisitioning order.

Held: that the accused were guilty.

The argument based on the...