Dutch court sees 'risk' of Israel's Gaza genocide but dismisses halt weapons sale plea
The activist groups pointed to several emergency orders from the ICJ, which they say confirmed the obligation to stop weapons sales.
A Dutch court has dismissed an appeal by a group of human rights organisations that filed a lawsuit arguing the Netherlands was violating international law by continuing to sell weapons to Israel.
The Hague Court of Appeal on Thursday found that although “there is a serious risk that Israel will commit genocide against the Palestinian population in Gaza,” the Dutch government has “considerable discretion” to determine foreign policy and issues of national security.
The Hague Court of Appeal is a regional appellate court in the Netherlands.
It’s part of the Dutch national judiciary, not an international court, even though it is in the same city as major international tribunals like the International Court of Justice and the International Criminal Court.
The group of 10 NGOs were hoping the lawsuit would force the Dutch to stop sending weapons and trained police dogs to Israel and cut economic ties with businesses operating in the occupied Palestinian territory.
The activist groups pointed to several emergency orders from the International Court of Justice, which they say confirmed the obligation to stop weapons sales.
In January, the top UN court said it was plausible that Palestinians were being deprived of rights protected under the Genocide Convention.
In Thursday’s decision, the court noted that the government had already taken several measures, including halting the export of some products.
‘Not violating the Genocide Convention’
The Dutch government denied that it violates the 1948 Genocide Convention.
“Every cooperation is cautiously weighed,” government lawyer Reimer Veldhuis said during a hearing last year.
That hearing was held the day after another judicial institution in The Hague, the International Criminal Court, issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant for war crimes in Gaza.
Human rights groups filed suit in 2023 to halt the export of F-35 fighter jet parts to Israel, citing a clear risk of violations of international law if they are used in strikes on Gaza.
Last month, the Supreme Court ordered the Dutch government to reevaluate its currently suspended licence.
Foreign Minister David van Weel said at the time that it was unlikely that exports would resume “given the current situation” in Gaza.
Israel has killed over 68,870 Palestinians, mostly women and children, and wounded over 170,600 others in attacks in Gaza since October 2023.
A truce agreement that took effect on October 10, under US President Donald Trump’s 20-point plan, even though Tel Aviv has continued to violate the ceasefire.