Ten pro-Palestinian NGOs have filed a request with the Dutch court, demanding that the country's government stop exporting arms to Israel and end trade with Jewish settlers in the occupied Palestinian territories. However, the court rejected the request, emphasizing that the Netherlands has the freedom to determine its foreign policy actions, BTA reports.
The NGOs cited civilian casualties in Gaza as the reason for the request and stated that the Netherlands, as a party to the 1948 Genocide Convention, has an obligation to take measures to prevent genocide. They urged the government to take urgent action in the context of the ongoing violence.
The Hague Court's Decision
The District Court in The Hague rejected the request, emphasizing that the Netherlands is free to conduct its own foreign policy. According to the court, the government is not obliged to interfere in the arms trade, especially when it comes to dual-use goods. The court concluded that there was no basis for a complete ban on the export of arms and goods to Israel.
The government's main arguments
The Netherlands explained its position, stating that it regularly assesses the risk of the exported weapons being used in violation of international law. In such a judgment, the government sometimes refuses to export certain goods when there are concerns that they could be used in violations of international humanitarian law.
International context and Israel's response
NGOs also cited a January ruling by the UN International Court of Justice ordering Israel to prevent acts of genocide in Gaza. Israel, however, strongly denies the accusations of genocide and says its military operations are directed against terrorist groups such as Hamas, which threaten its existence, and do not target civilians.
Precedent and future court decisions
This ruling in The Hague comes on the heels of a previous case in which a Dutch court ordered the government to block the export of F-35 fighter jet parts to Israel, concerned that they could be used to violate international law in the context of the war in Gaza.
The government is appealing this decision, and the legal process continues to raise tensions between the judiciary and the executive in the Netherlands.