Dutch court dismisses 'genocide' lawsuit calling for weapons embargo on Israel

Two other cases aimed at stopping the export of F-35 parts to Israel are continuing

The court in The Hague found no reason to impose a ban on the export of military and dual-use goods. Reuters

A Dutch court on Friday dismissed a lawsuit filed by 10 pro-Palestinian NGOs calling for the Netherlands to stop weapons exports to Israel and end trade relations with the occupied Palestinian territories.

The NGOs alleged the Dutch state was failing to prevent genocide in Gaza by maintaining military ties with Israel, a claim rejected by the court in The Hague.

“The interim relief court finds that there is no reason to impose a total ban on the export of military and dual-use goods on the state,” a court statement said.

In a hearing last month, lawyers representing the NGOs had cited warship components, radar systems and F-16 parts that had been used in Gaza. The Netherlands is viewed as a staunch ally of Israel.

Close to 45,000 people have been killed in Israel's year-long war in Gaza after Hamas-led attacks killed about 1,200 people in Israel. The International Court of Justice in January found it was “plausible” that Israel was committing genocide in Gaza, a claim it rejects.

The Dutch court found the state is fulfilling its obligations by reviewing its export licences on a case-by-case basis to ensure international humanitarian law is not violated.

The court also rejected a request filed by NGOs that the state cease all trade relations with Palestinian territories that have been occupied illegally by Israel since 1967. Reports by rights groups have found Dutch pension funds manage important investments in the occupied territories.

The state's so-called discouragement policy was deemed sufficient by the court. “This is aimed at informing companies about the illegal status of the occupied territories and thus helping them to ensure that they do not inadvertently become involved in human rights violations in the occupied territories,” said the court. “The interim relief court ruled that it has not become plausible that the state's current trade policy is manifestly unlawful.”

The court said it had also dismissed demands by the NGOs to prosecute people who may have contributed to human rights violations in Gaza. “The decision whether or not to prosecute is reserved to the Netherlands Public Prosecution Service,” it said.

There are two other continuing lawsuits lodged by separate NGOs against the Dutch state which aim to stop the export of F-35 parts. In February, the government lodged an appeal at the Supreme Court after The Hague Court of Appeal ordered it to stop exporting F-35 parts to Israel over human rights concerns. Last month, the Advocate General of the Supreme Court advised it to uphold the ruling.

“At its core, the case is about the question of whether and, if so, to what extent civil courts can review the state’s actions in the field of foreign policy and defence, more specifically arms policy,” the Supreme Court said in a statement at the time. A ruling is expected in the coming months.

In September, the same NGOs, which include Oxfam, filed a second court case against the Dutch state to avoid loopholes in F-35 exports, which may transit to third countries such as the US before finishing their journey in Israel.