Dutch Court Faces Pro-Palestinian Activist Claims on Arms Sales to Israel
AMSTERDAM – On Friday, pro-Palestinian activists presented their case in a Dutch court, asserting that the Netherlands is breaching international law by continuing to export arms to Israel. This legal action comes just one day after the International Criminal Court (ICC) announced an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, citing allegations of war crimes.
Should the Hague District Court rule in favor of the activists, it could result in a ban on sending any military equipment or parts to Israel and on trading with territories under occupation. Earlier this year, the Netherlands had already put a stop to the export of components for F-35 fighter jets to Israel following similar legal actions.
During the court session, Ahmed Abofoul, a legal advisor for the pro-Palestinian organization Al-Haq and a representative of the ten activist groups involved in the case, expressed deep personal anguish. “The government uses my own tax money, which I pay, to kill my own family. I’ve lost 18 members of my own family,” he stated in front of a crowded courtroom.
In its defense, the Dutch government contested the allegations, claiming it does not violate the 1948 Genocide Convention, which was established after World War II. Government lawyer Reimer Veldhuis argued that the court should limit itself to legal matters and avoid influencing the country’s foreign policy decisions, emphasizing that all cooperations with Israel are scrutinized.
The Genocide Convention mandates that signatories must take all necessary measures to prevent and punish any acts of genocide. Activists referenced several emergency orders from the International Court of Justice, which suggest a legal obligation to refrain from supplying weapons. Earlier this year, the United Nations’ highest court indicated there’s a reasonable basis to believe that Palestinians may be facing deprivation of certain rights safeguarded under this convention.
“This is a consequence of decades of complicity among governments,” Abofoul remarked as he spoke to reporters following the proceedings. A ruling from the court is expected on December 13.
On Thursday, the International Criminal Court took the significant step of issuing arrest warrants for Netanyahu, his former defense minister, and the military chief of Hamas, alleging their involvement in crimes against humanity linked to the protracted conflict in Gaza.
The warrants allege that Netanyahu and former Defense Minister Yoav Gallant have engaged in “starvation as a method of warfare” by inhibiting humanitarian aid while intentionally targeting civilians during military operations against Hamas. Israeli officials have firmly rejected these accusations.
Furthermore, Dutch Foreign Minister Caspar Veldkamp, whose nation is the host of the ICC, confirmed that the Netherlands would be obligated to arrest Netanyahu if he were to enter Dutch territory. “The government’s position is unequivocal. We are required to collaborate with the ICC, and we will do so without reservation. We are fully compliant with the Rome Statute,” he affirmed in a parliamentary session.
In a display of tension within the Dutch political landscape, hard-right leader Geert Wilders, whose party emerged as the largest following recent elections, criticized the arrest warrants on social media. He declared his intent to visit Netanyahu in Israel soon, signaling potential discord within the four-party coalition government that came alarmingly close to collapse the previous week.