Dutch court rejects attempt to halt arms exports to Israel over Gaza war | News about the conflict between Israel and Palestine

The appeals court in The Hague says the government has “considerable discretion” to determine matters of foreign policy and national security.

A Dutch appeals court rejected an attempt by rights groups to stop the Netherlands from selling arms to Israel.

Ten pro-Palestinian NGOs filed a lawsuit accusing the Dutch state of doing too little to prevent what they described as “genocide” in Gaza with a “manifestly illegal” foreign policy toward Israel.

They urged the judges to impose a total ban on arms exports to Israel, a ban on the export of military dogs and a ban on trade in the occupied territory.

Dutch court dismissed their case last yearstating that the state has some leeway to decide its policies and courts should not rush to intervene.

The NGOs cited Israel's January 2024 order from the International Court of Justice (ICJ) to preventing acts of genocide in Gaza. The UN Supreme Court said it was plausible that Palestinians had been deprived of some rights protected by the Genocide Convention.

On Thursday, the Court of Appeal in The Hague rejected the groups' appeal, saying that although “there is a serious risk that Israel will commit genocide against the Palestinian population in Gaza”, the Dutch government has “considerable discretion” to determine foreign policy and national security issues.

In a written ruling, the court said it could not order a blanket ban because the plaintiffs had not shown that the government routinely did not consider whether exported weapons or dual-use goods would be used to violate rights.

The court also ordered the organizations to pay legal costs.

“While it is plausible that there is a risk of genocide and serious human rights violations, it is not, in principle, for the court to prescribe to the state what measures should be taken to prevent it,” the court said in a statement.

The NGO group hoped the lawsuit would force the Dutch to stop sending weapons and trained police dogs to Israel and cut economic ties with businesses operating in the occupied Palestinian territory. They argue that the Dutch state, as a party to the 1948 Genocide Convention, has an obligation to take all reasonable measures at its disposal to prevent genocide.

However, while the court in The Hague said on Thursday that the Netherlands had this obligation under the Genocide Convention – noting that there was a “serious risk” of Israel committing genocide in Gaza – it ultimately decided that the Dutch government had already done enough to discourage companies from operating in the occupied Palestinian territory.

The Dutch government has denied violating the 1948 Genocide Convention, drawn up after World War II.

“Any cooperation is carefully assessed,” government lawyer Reimer Veldhuis said at a hearing last year.

The Dutch government says it has stopped exporting most weapons to Israel and is only allowing parts for defense systems, such as the Iron Dome.

Israel's war on Gaza has killed at least 68,875 Palestinians and wounded 170,679 since October 2023. At least 1,139 people were killed in Israel during the October 7, 2023, Hamas-led attacks and more than 200 others were captured.

Israeli forces have killed at least 236 Palestinians and wounded 600 others in Gaza since a US-brokered ceasefire took effect last month.