Dutch Appeals Court Rejects Bid to Stop Arms Exports to Israel

A Dutch appeals court on Thursday confirmed a decision to throw out a case brought by pro-Palestinian groups to stop the Netherlands exporting weapons to Israel and trading with Israeli settlements in Palestinian territories.

The court said it was up to the state to decide what actions to take and not judges.

In a written ruling, the court said it could not order a blanket ban because the anti-Israel, pro-Palestinian groups had not shown that the government was routinely failing to consider whether exported arms or dual-use goods would be used to violate rights.

The court in The Hague added that the Dutch government already did enough to discourage companies from working in the territories.

The plaintiffs, citing high civilian casualties in Israel‘s war in the Gaza Strip, had argued that the Dutch state, as a signatory to the 1948 Genocide Convention, has a duty to take all reasonable measures at its disposal to prevent genocide.

Israel has repeatedly dismissed accusations of genocide and said its Gaza campaign was focused solely on fighting Hamas, the Palestinian terrorist group that started the war with its Oct. 7, 2023, invasion of and massacre across southern Israel communities.

The court said the Netherlands did have that obligation under the Genocide Convention and that there was “a grave risk” that Israel was committing genocide in Gaza.

But it backed a decision by a lower court in December last year. In that case, the judges sided with the Dutch state which had said it continually assesses the risk around exported arms, and that it has refused some exports.

The pro-Palestinian NGOs had said the Netherlands had exported radar systems, parts for F-16 fighter jets and warships, police dogs and cameras, and software for surveillance systems.

The Dutch government says that it has halted most arms exports to Israel and only allows parts for defense systems such as the Iron Dome.