Dutch court rejects NGOs’ request to stop arms exports to Israel

A Dutch court has dismissed a case filed by 10 pro-Palestinian nongovernmental organizations (NGOs) seeking to stop the Netherlands from exporting weapons to Israel and trading with Israeli settlements in the occupied Palestinian territories.

The court ruled that the Dutch government has discretion in such matters and found no grounds for imposing an outright ban on arms exports.

Key points of Dutch decision

• Court’s decision: The Hague district court emphasized that the Dutch government has significant discretion in its foreign and trade policies. It concluded there was no legal basis to enforce a total ban on exporting military and dual-use goods to Israel.

• NGOs’ claims: The plaintiffs argued that high civilian casualties in Gaza obligated the Netherlands, as a signatory to the 1948 Genocide Convention, to take all possible measures to prevent genocide. They referenced a January order by the International Court of Justice (ICJ) instructing Israel to prevent acts of genocide in Gaza.
• Israeli response: Israel denied the genocide allegations, asserting that its military operations in Gaza target Hamas and other armed groups. It accused these groups of using civilians as human shields, a claim they rejected.
• Dutch government’s position: The Dutch government argued that it continuously evaluates the risks of arms and dual-use goods being misused in violations of international law. It noted that export licenses are occasionally denied when concerns arise.
• Background:
  • In February, a Dutch court ordered the government to block the export of F-35 fighter jet parts to Israel, citing concerns about their use in Gaza. That ruling is currently under appeal.

Why it matters

This case underscores the tension between arms trade policies and international legal obligations amid rising civilian casualties in conflict zones. The Netherlands’ military exports to Israel remain a contentious issue, drawing scrutiny as the conflict in Gaza continues to escalate.