The non-governmental organizations are calling for the Netherlands to prohibit the export and transit of weapons, weapon parts, and dual-use items to Israel.
Pro-Palestinian groups have brought a case against the Dutch government, demanding a cessation of arms exports to Israel and accusing the government of not taking action to prevent what they described as a “genocide” in Gaza.
They argue that the Netherlands, known as a strong supporter of Israel, has a legal responsibility to do everything possible to stop violations of international law and the 1948 United Nations Genocide Convention in the Gaza Strip and the West Bank.
During a civil court session in The Hague, lawyer Wout Albers, representing the coalition, stated, “Today, the plaintiffs are here to hold the Dutch state accountable for not upholding international law by failing to intervene against the violations of the rights of the Palestinian people carried out by Israel.”
Albers added, “Israel is committing genocide and apartheid” and “is utilizing Dutch weapons in its warfare.”
The plaintiffs consist of a coalition of Dutch and Palestinian organizations dedicated to defending human rights in Palestinian territory, with three groups operating in Palestine.
In October, these organizations requested the court to “enforce a ban on the export and transit of weapons, weapon parts, and dual-use items to Israel, as well as prohibit all Dutch trade and investment relationships that support Israel’s unlawful occupation of Palestinian territory.”
Al Jazeera’s Step Vaessen reported from The Hague that while the court is considering whether the Dutch state should be mandated to cease sending weapons, the state argues that this decision falls under foreign policy and is not within the court’s jurisdiction.
Judge Sonja Hoekstra acknowledged, “The severity of the situation in Gaza is uncontested by the Dutch state, as well as the status of the West Bank.”
She highlighted the importance of determining what legal measures are applicable and what can be expected from the government. She noted that this is a “sensitive case.”
Albers emphasized, “Today is not about judging political decisions but about ensuring respect for international law and protection against violations of international law.”
According to Vaessen, the demands of the groups are based on previous rulings by the International Court of Justice (ICJ), which declared the occupation of Palestine illegal earlier this year.
In a recent development, the International Criminal Court (ICC) in The Hague issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas’s military commander Mohammed Deif for alleged “war crimes and crimes against humanity.”
Dutch Foreign Minister Caspar Veldkamp affirmed that his country “respects the independence of the ICC” and will adhere to the Rome Statute of the ICC.
The outcome of the case brought by the pro-Palestinian groups remains uncertain, as the Supreme Court has dismissed previous attempts to hold the Netherlands accountable for alleged violations of the Genocide Convention.
This lawsuit is also based on a previous ruling that directed the government to halt all exports of F-35 fighter jet parts to Israel due to concerns about their use in violating international law.
Since October 7, 2023, Israel’s conflict in Gaza has resulted in the deaths of at least 44,056 Palestinians and the injury of 104,286. During the same period, approximately 1,139 individuals were killed in Israel in attacks led by Hamas, and over 200 were taken captive.
