Dutch Court Dismisses Appeal Seeking to Halt Weapons Exports to Israel
The Hague Court of Appeal found that the Dutch government has 'considerable discretion' in determining foreign policy and national security issues.
A Dutch appeals court dismissed an appeal by a group of human rights organizations on Thursday, which argued that the Netherlands was violating international law by continuing to sell weapons to Israel.
The court stated that while there is a serious risk that Israel may commit genocide against the Palestinian population in Gaza, the Dutch government retains significant discretion to determine foreign policy and issues of national security.
The activists, represented by 10 non-governmental organizations (NGOs), sought to force the Dutch government to halt weapons exports, including military equipment and trained police dogs, as well as terminate economic ties with businesses operating in occupied Palestinian territory.
The groups pointed to rulings from the International Court of Justice that suggested an obligation to cease weapons sales due to concerns about potential violations of the Genocide Convention.
A lower court had previously ruled that adequate safeguards were already in place to align with international law, and in Thursday's decision, the appeals court acknowledged that the government has taken several measures, including restrictions on some exports.
The Dutch government maintains that it is not in violation of the 1948 Genocide Convention, which was established following World War II.
Government lawyer Reimer Veldhuis emphasized during a previous hearing that any cooperation with Israel is carefully considered.
In a separate case concerning the export of fighter jet parts to Israel, the Dutch Supreme Court had postponed its decision until after ruling on another matter related to military exports.
Human rights groups filed suit in 2023 to halt the shipment of F-35 fighter jet components to Israel, citing concerns about potential violations of international law if these components were used in strikes against Gaza.
The Supreme Court subsequently ordered the Dutch government to reevaluate its suspended export license, with Foreign Minister David van Weel indicating that resumption of exports seemed unlikely given the ongoing situation in Gaza.
A fragile ceasefire brokered by the United States aims to bring an end to the conflict triggered by a Hamas-led attack on southern Israel on October 7, 2023, which resulted in over 1,200 fatalities and the capture of 251 individuals.
In response, Israeli forces have launched a broad military campaign that has reportedly claimed more than 68,800 Palestinian lives in Gaza, according to the Health Ministry, which is part of the Hamas-run government and comprised of medical professionals considered reliable by independent experts.
The court stated that while there is a serious risk that Israel may commit genocide against the Palestinian population in Gaza, the Dutch government retains significant discretion to determine foreign policy and issues of national security.
The activists, represented by 10 non-governmental organizations (NGOs), sought to force the Dutch government to halt weapons exports, including military equipment and trained police dogs, as well as terminate economic ties with businesses operating in occupied Palestinian territory.
The groups pointed to rulings from the International Court of Justice that suggested an obligation to cease weapons sales due to concerns about potential violations of the Genocide Convention.
A lower court had previously ruled that adequate safeguards were already in place to align with international law, and in Thursday's decision, the appeals court acknowledged that the government has taken several measures, including restrictions on some exports.
The Dutch government maintains that it is not in violation of the 1948 Genocide Convention, which was established following World War II.
Government lawyer Reimer Veldhuis emphasized during a previous hearing that any cooperation with Israel is carefully considered.
In a separate case concerning the export of fighter jet parts to Israel, the Dutch Supreme Court had postponed its decision until after ruling on another matter related to military exports.
Human rights groups filed suit in 2023 to halt the shipment of F-35 fighter jet components to Israel, citing concerns about potential violations of international law if these components were used in strikes against Gaza.
The Supreme Court subsequently ordered the Dutch government to reevaluate its suspended export license, with Foreign Minister David van Weel indicating that resumption of exports seemed unlikely given the ongoing situation in Gaza.
A fragile ceasefire brokered by the United States aims to bring an end to the conflict triggered by a Hamas-led attack on southern Israel on October 7, 2023, which resulted in over 1,200 fatalities and the capture of 251 individuals.
In response, Israeli forces have launched a broad military campaign that has reportedly claimed more than 68,800 Palestinian lives in Gaza, according to the Health Ministry, which is part of the Hamas-run government and comprised of medical professionals considered reliable by independent experts.
