BREAKING: We are suing the Dutch state for failing to prevent genocide in Gaza and uphold international law

News

Lydia de Leeuw

10 October 2024

reading time 3 minutes

Summary

Together with a coalition of Palestinian and Dutch civil society organisations, SOMO is suing the Dutch State for failing to prevent genocide in Gaza and other Israeli violations of international law. The coalition’s main requests to the Dutch civil court include a ban on the export and transit of weapons, weapon parts, and dual-use items to Israel and a ban on all Dutch trade and investment relations that help maintain Israel’s unlawful occupation and colonisation of Palestinian territory.

Case rationale

As a signatory to the Genocide Convention, The Netherlands is obliged to take measures to prevent genocide. Despite this, the Netherlands is failing to take action to stop the genocide in Gaza and, instead, consistently positions itself as a political ally of Israel. This inaction persists even after the International Court of Justice (ICJ) ruled (opens in new window) in January 2024 that Israel is plausibly committing genocide against Palestinians in Gaza.

Additionally, the Netherlands is required under the Geneva Conventions to ensure respect for international humanitarian law. In February 2024, the Dutch Appeals Court ruled that there is a clear risk of Dutch F-35 parts exported to Israel being used in the commission of war crimes. That same month, UN experts warned that any transfer of weapons to Israel for use in Gaza is likely to violate international humanitarian law and should stop. Despite these warnings, the Dutch government and Dutch corporate actors continue to send weapon parts and dual-use items to Israel.

Even after the International Criminal Court (ICC) Prosecutor’s request for arrest warrants against Israel’s Prime Minister and Minister of Defense, the Netherlands continues to engage closely with Israel. The country has sent high-level military delegations to meet with the Israeli army and invited Israel’s president for a visit, even as some of his inflammatory statements were cited in South Africa’s case before the International Court of Justice (ICJ).

With this filing, we call on the Netherlands to ban all arms (parts) exports and dual-use goods to Israel and to encourage other nations to follow suit.

Death toll

Since October 2023, the confirmed death toll(opens in new window) in Gaza has reached nearly 42,000. Additionally, over 200,000 people are estimated to have died from injuries, preventable or treatable diseases, and a lack of food, water, and medical treatment.

Structural violations of international law

The case filed today goes beyond the Dutch state’s inaction in response to Israel’s brutal assault on Gaza. It also addresses the Netherlands’ woefully inadequate policies regarding Israel’s structural violations of international law in Gaza, the West Bank, and Jerusalem since long before October 2023. The ICJ has stated that Israel’s presence in the Occupied Palestinian Territory, through its military occupation and settlements, is unlawful and must come to an end.

Issam Younis from Al-Mezan expressed frustration over the ongoing situation in Gaza: “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.’’ He goes on to highlight the role of international actors like The Netherlands: ‘’The Netherlands is aware of this, but it continues to support Israel politically, economically, and militarily, at the cost of the rights of Palestinians.”

In July 2024, the ICJ determined that all States are obligated to prevent and abstain from economic dealings that support Israel’s unlawful policies and practices in the Occupied Palestinian Territory. In line with this, the court case filed today also aims 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 impose sanctions accordingly and push other states to do the same.

“
The common Article 1 of the Geneva Conventions 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 territories 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

Attorney of the NGOs coalition.

No more business as usual

There is no indication that the Dutch state plans to take measures aimed at preventing genocide in Gaza or to address its economic ties to Israel’s unlawful presence in the Occupied Palestinian Territory. The new Dutch government has further aligned itself with Israel, even as Israel continues to bomb, starve, and forcibly displace Palestinians without any end in sight.

Prompted by this lack of action, the coalition is taking the Dutch state to court, demanding that the Dutch judicial system upholds the legal obligations that the state has committed to.

“

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 obligations under international law and take measures for accountability. Now.”

Lydia de Leeuw

Researcher at SOMO

Major cases like these come with hefty expenses. Help us cover legal and court fees by donating through the coalition’s crowdfunding page(opens in new window) .