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PoliticsNetherlands

Dutch court rules against ban on weapon sales to Israel

December 13, 2024

The Dutch court was asked to rule on whether the Netherlands was violating international law by selling weapons to Israel.

https://p.dw.com/p/4o5b4
An Israeli Air Force F-35 plane
A court ruling in February prevented parts for F-35s being exported to IsraelImage: Ariel Schalit/AP Photo/picture alliance

The Hague District Court on Friday ruled against a claim from pro-Palestinian activists that the Netherlands was in breach of international law with its sales of arms to Israel.

A group of NGOs had called for the Netherlands to be banned from sending weapons or weapons parts to Israel and trading with the occupied territories.

What the court ruled

"There is no reason to impose a total ban on the export of military and dual-use goods on the state," said the court in The Hague. "All claims are dismissed."

In its finding, the court stressed that the state has some leeway in its policies and that courts should not be too quick to step in.

The Dutch state said it continually explores the risk of arms and dual-use goods sent to Israel being used in a way that could break international law. It pointed out that it occasionally refuses certain exports.

What was the complaint?

The activists, a coalition of pro-Palestinian groups, argued that Dutch authorities were failing to stop what they termed a "genocide" in Israel's military campaign in Gaza.

Israel was "using Dutch weapons to wage war," said Wout Albers, a lawyer representing the groups, during the hearings.

The plaintiffs also cited high civilian casualties in Israel's war in the Gaza Strip.

The complainants cited a January order to Israel by the International Court of Justice to prevent acts of genocide in Gaza.

Israel says the accusations of genocide in its Gaza campaign are baseless. It says it is solely focused on hunting down Hamas and other militant groups. 

After a similar case earlier this year, the Netherlands had already stopped the export of F-35 fighter jet parts to Israel. The Dutch government has appealed that ruling.

In the latest case, the Dutch state had denied that it was in violation of the 1948 Genocide Convention, which was drawn up after the Second World War. 

rc/rm (AP, Reuters, dpa)