Dutch court rejects Israeli arms export ruling

Key information

• The Dutch court upheld the right of the Netherlands to conduct its own foreign policy, including decisions regarding exports of military equipment.
• NGOs argued that civilian casualties in Gaza required immediate action by the Dutch government, citing obligations under the 1948 Genocide Convention.
• The court said there was no legal basis for a total ban on exports to Israel and that the Netherlands regularly assessed the risk of misuse of exported weapons.

The stop

A Dutch court has rejected the request of ten pro-Palestinian NGOs to end arms exports to Israel and trade with Jewish settlements in the occupied Palestinian territories. The Hague District Court upheld the right of the Netherlands to conduct its own foreign policy, including decisions regarding exports of military equipment.

NGOs argued that civilian casualties in Gaza required immediate action by the Dutch government, citing the country’s obligations under the 1948 Genocide Convention to prevent such atrocities. They urged the government to intervene in the ongoing violence.

The Court’s decision

The Court disagreed, stating that the Netherlands is not required to intervene in the arms trade, particularly with regard to dual-use goods. There was no legal basis for a complete ban on exports to Israel, according to the court.

The Dutch government defended its position by explaining that it regularly assesses the risk that exported weapons could be misused, in violation of international law. In some cases, exports are refused when potential violations of international humanitarian law are feared.

Previous cases and international pressure

The NGO brief also mentions a ruling by the UN International Court of Justice in January ordering Israel to prevent acts of genocide in Gaza. However, Israel strongly denies these accusations, saying its military operations target terrorist groups like Hamas, which pose a threat to its existence, and do not intentionally harm civilians.

This recent ruling follows a previous case in which a Dutch court ordered the government to stop exporting F-35 fighter jet parts to Israel due to concerns about possible misuse in violation of international law during the Gaza conflict. The government is currently appealing this decision, which only worsens tensions between the judicial and executive branches in the Netherlands.

If you want access to all articles, subscribe here!