Dutch State accused of failing to prevent genocide 

Case overview

“The Dutch State is not doing enough to prevent or end the violations and crimes committed by Israel”, the coalition argues.

The case challenges the conduct of the Dutch State in its dealings with Israel and the Occupied Palestinian Territory. The organisations accuse the Dutch State of failing to uphold its legal obligations under international and domestic law and failing to respect its obligations to prevent the commission of the crime of genocide and violations of international humanitarian law by Israel. 

The Genocide Convention, to which the Netherlands is a party, and related jurisprudence oblige State parties “to employ all means reasonably available to them” to prevent the crime of genocide from taking place in Gaza. However, the Netherlands has failed to act to prevent genocide in Gaza, even after the International Court of Justice (ICJ) found, in January 2024, that Israel is plausibly committing genocide against Palestinians in Gaza. In addition to the Genocide Convention, the Geneva Conventions bind States to ensure respect for international humanitarian law.

In February 2024, the Dutch Court of Appeal ruled that there is a clear risk of serious violations of international humanitarian law being committed by Israeli forces in Gaza. In the same month, UN experts warned that any transfer of weapons to Israel that would be used in Gaza is likely to violate international humanitarian law and should cease. Despite this, the Netherlands continues to be involved in the supply of weapon parts and dual-use items to Israel. 

On 21 November 2024, the International Criminal Court issued arrest warrants against Israel’s Prime Minister and Minister of Defense.

The filing argues that the Netherlands must ban all export and transfer of arms (parts) and dual-use goods to Israel – and push other States to do the same.

Case context

Even though Israel has violated the rights of Palestinians since its inception, the past year has made abundantly clear what Israel is capable of and that the only way to protect Palestinians is through intervention by the international community. Without meaningful pressure on Israel, including from its political allies, the onslaught in Gaza and the unlawful occupation and annexation of Palestinian territory will continue unabated.

As of November 2024, the confirmed death toll in Gaza since October 2023 is nearly 42,000, while over 200,000 people are estimated to have died as a result of injuries, preventable or treatable diseases and a lack of food, water, and medical treatment.

Illegal occupation and settlements

In the West Bank, including East Jerusalem, Israel has continuously expanded illegal settlements by appropriating Palestinian land. Over 847,000 Israelis now live in the occupied West Bank and East Jerusalem. Recent violence and settlement growth have intensified since October 2023 despite the absence of Hamas in the region.

The International Court of Justice confirmed in July 2024 that the Israeli occupation of Palestinian territories is illegal and must end, highlighting the discrimination against Palestinians, and that Third States must not support Israel’s unlawful policies, including through trade or investment. Despite this, the Netherlands appears to be allowing Dutch companies to profit from these violations, violating its legal obligations under treaties, customary international law, and domestic law. 

Gaza genocide

On December 29, 2023, South Africa filed a case against Israel at the International Court of Justice, accusing it of violating the Genocide Convention. The Court issued its judgment on January 26, 2024.

The Court found that, at least, some of South Africa’s claims were plausible under the Genocide Convention. It emphasised the Palestinians’ right to protection from genocide and South Africa’s right to demand Israel’s compliance with the Convention. The Court acknowledged the severe humanitarian crisis in Gaza and ruled that Israel must avoid genocidal acts, prevent incitement to such acts, and allow humanitarian aid into Gaza. Israel does not comply with the rulings.

The International Criminal Court prosecutor has also requested arrest warrants for the Israeli Prime Minister and Minister of Defence over alleged war crimes and extermination.

Allegations

Our legal case is not limited to the Dutch State’s inaction in light of Israel’s brutal assault on Gaza. The legal filing also challenges the woefully inadequate policy of the Netherlands when it comes to Israel’s structural violations of international law – since long before October 2023 – in both Gaza and the West Bank, including Jerusalem. Israel’s presence in the Occupied Palestinian Territory, through its military occupation and settlements, is unlawful and must end according to the ICJ. 

In July 2024, the ICJ determined that all States have the obligation to prevent and abstain from economic dealings that assist Israel’s unlawful policies and practices in the Occupied Palestinian Territory. The court case filed today seeks to bring an end to Dutch trade and investment relations that help maintain the illegal occupation, racial segregation, and colonisation through settlements. The Netherlands must take effective measures to that effect and push other States to do the same. 

No indication of  measures being taken

There is no indication that the Dutch State plans to take measures aimed at preventing genocide in Gaza or addressing Dutch economic ties to Israel’s unlawful presence in the Occupied Palestinian Territory. The new Dutch government has positioned itself even closer to Israel, as the latter continues to bombard, starve, and forcibly displace Palestinians with no end in sight. This is why the coalition of civil society organisations has decided to take the Dutch State to court. It is incumbent upon the Dutch judicial system to enforce legal obligations to which the State is committed.

The claim in these proceedings argues that international law, including core principles like the right to self-determination and prevention of torture and apartheid, imposes obligations not only on the violating State (Israel) but also on other signatories, like the Netherlands. These obligations include both internal compliance (preventing violations within their own borders) and external compliance (ensuring that other States adhere to international law).

Hence, it is argued that Dutch policy on the Israel-Palestine conflict does not align with international obligations under the jus cogens, the common Articles 1 of the Geneva Convention and Article 1 of the Genocide Convention, Dutch law, judgments of national and international courts, and customary international law.

Despite this, the claimants believe the Netherlands is not making sufficient efforts to meet its obligations, given its political, economic, and military ties with Israel, and is failing to address the serious violations of international law effectively.

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What do we want from the Dutch State?

With our case we want to bring the Dutch government policy vis-a-vis Israel and the Occupied Palestinian Territory in line with international law. This should result in the Netherlands taking measures to prevent genocide in Gaza and to end all economic and trade connections to the illegal Israeli occupation and settlements in the Occupied Palestinian Territory.

We are seeking disciplinary action against the Dutch State to align its policies with international law obligations, including jus cogens, international humanitarian law, and the Genocide Convention. We request specific policy changes, such as:

• A ban on Dutch export and transit of weapons, weapon parts, and dual-use items to Israel.
• A ban on all Dutch trade and investment relations that help maintain the illegal occupation, racial segregation, and colonisation. Any economic dealing with companies that operate in Israeli settlements is illegal.

We argue that these changes are necessary to prevent further violations and support humanitarian efforts.es are necessary to prevent further violations and support humanitarian efforts.

Complaint rationale

1. Israel’s plausible genocide in Gaza and its illegal occupation and settler presence in the Occupied Palestinian Territory are maintained by through material support from Third States and foreign corporations which provide the material support, such as weapons, goods, services, and procurement. 
2. Continued supply of arms parts and dual use goods to Israel under the current circumstances is contrary to Third State obligations under the Genocide Convention and Geneva Conventions. 
3. The Netherlands, and all Third States, are obliged to “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory” according to the International Court of Justice. By continuing to allow trade and investment relations that assist in the maintenance of Israel’s illegal occupation, settlements, and racial segregation in the Occupied Palestinian Territory, the Netherlands violates its obligations under international law.

Voices of the co-filers

“The Palestinian people have been suffering from Israel’s violations of international law since long before 7 October 2023. However, our oppression has reached unprecedented levels in the past year.  People in Gaza have been the victim of a genocidal assault that does not appear to end anytime soon while, in the rest of Palestine, Israel is doubling down on its policies of colonisation, apartheid, and subjugation. The Netherlands is aware of this, but it continues to support Israel politically, economically, and militarily, at the cost of the rights of Palestinians.” Issam Younis from Al Mezan.

“The ICJ has confirmed that Israel’s assault on Gaza since 7 October could amount to genocide, triggering the legal obligation of all States to do whatever is in their power to prevent it. The ICJ has also held that States should take steps to prevent trade or investment where it could support the unlawful occupation of Palestine. It is now up to domestic courts to give practical meaning to these determinations and to ensure that international law is applied equally to all States.” Daan de Grefte from the ELSC.

“There can be no business as usual with Israel. Dutch investors, supermarkets, suppliers of military products, and other actors have been enabling the occupation and ethnic cleansing of the Palestinians for decades. The Netherlands, host of the ICC and ICJ, must adhere to its own obligations under international law and take measures for accountability. Now.” Lydia de Leeuw from SOMO.

“The common Article 1 of the Geneva Convention is clear that States should stop breaches of international humanitarian law. The very minimum is not to deal with the oppressive regime. The rulings in the Genocide case and the Advisory Opinion have only emphasised what we already knew: genocidal acts are being committed, and the occupation of Palestinian territory is illegal. All States, including the Netherlands, have the obligation not to cooperate and be complicit in violations, but also should do everything to stop future grave breaches and prevent further genocidal acts from happening.”. Wout Albers, coalition’s attorney.

What’s next?

On Friday, 22 November 2024, from 9.00 to 12.00, the co-filers faced the Dutch State in the District Court in The Hague. Each party presented its arguments, and the judge asked questions to clarify each position. Lawyers summarised key evidence and explained why the court should rule in their favour.

We expect the judge to give a verdict within weeks following the hearing. In simple cases, a decision can come after one week, while more complex cases require additional time.

Once the decision is shared, either party can appeal it to the Court of Appeal. This appeal typically must be filed within three months from the date of the judgment.

SOMO’s role

SOMO is one of the co-filers of the case against the State and has provided factual and legal research for the case.

Media coverage

• Proces tegen de staat om stopzetten wapens aan Israël af te dwi(opens in new window) ngen(opens in new window)
• Coalitie van Palestijnse en Nederlandse ngo’s klaagt staat aan omdat Nederland te weinig doet (opens in new window)
• Dutch state sued over alleged failure to stop Israel’s violations of international law(opens in new window)

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Support the case

To fund this court case, we have jointly launched a crowdfunding that will be used to cover the legal feeds. Donations are very welcome and can be made here(opens in new window) .