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NGOs Sue Dutch Government – Call for Arms Suspension and Ties Cutting

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NGOs Sue Dutch Government – Call for Arms Suspension and Ties Cutting

A camp in solidarity with Palestine at the University of Amsterdam. (Photo: Palestine Chronicle)

By Palestine Chronicle Team

“The Netherlands has an obligation to take all reasonable steps within its competence to prevent genocide in Gaza and to ensure Israel’s compliance with international humanitarian law in the OPT (Occupied Palestinian Territories).

A coalition of Palestinian and Dutch NGOs filed a lawsuit against the Dutch government, accusing it of failing to fulfill its international obligations regarding Israel’s ongoing genocidal war in Gaza.

Al-Haq, one of the relevant organizations, said in a statement in question He “sued the Netherlands for failing to fulfill its international legal obligations and called on the court to implement corrective measures”, including banning arms shipments to Israel and severing all relations with the state.

Speaking after the first hearing at the District Court of The Hague on Friday, Al-Haq said: “It was clear in the court that the Dutch State considered its ongoing dialogue with its Israeli counterparts sufficient to prevent genocide against the Palestinian people in Gaza.”

The statement continued: “The state also argued that it was legal for Dutch companies to do business in illegal Israeli settlements.” “However, the Netherlands has an obligation to take all reasonable steps within its competence to prevent genocide in Gaza and to ensure Israel’s compliance with international humanitarian law in the OPT (Occupied Palestinian Territories).”

Main Demands

The organizations are calling on the court to order the Dutch government to “ban the export and transit of weapons, weapon parts and dual-use items to Israel” and “ban all trade and investment relationships that continue the illegal occupation of Israel.” racial discrimination, segregation and settlements.”

Ahmed Abofoul, Al-Haq’s legal advisor, said in a statement to Anadolu Agency that the government admitted in court that “Israel’s occupation and presence in Gaza is illegal.”

He therefore questioned the government’s support for Israel’s illegal presence in occupied Palestinian territory.

“We are witnessing a campaign of destruction, especially in the north of Gaza. The entire Gaza Strip is facing famine, where hunger is used as a weapon of war. As winter approaches, people are living in difficult conditions,” Abofoul said.

“We presented evidence that in the West Bank, Israel is expanding colonial settlements, continuing attacks against Palestinians, arming illegal settlers and granting them immunity,” he added.

“We hope that the court will order the government to end its contributions to these violations of international humanitarian law and stop supporting the illegal occupation,” the legal advisor emphasized.

Export Licenses ‘Monitored’

Wout Albers, a lawyer representing the coalition, emphasized that the confirmed death toll in Gaza since October 2023 has exceeded 44,000, while unofficial estimates indicate more than 200,000 deaths due to injury, disease and lack of basic needs.

Albers argued that the Dutch government had not done enough to eliminate serious violations of international law while maintaining political, economic and military ties with Israel.

Anadolu argued that the Dutch government’s lawyers constantly monitor export licenses to Israel, taking into account the potential for military use of the exported products.

They also claimed that military cooperation with Israel benefits the Dutch armed forces and is a matter of foreign policy.

The government’s defense team has argued that imposing an indefinite and indefinite trade ban on Israeli firms could endanger Dutch national security.

They also requested that the case be dismissed, arguing that the plaintiffs failed to present sufficient evidence to prove how the Netherlands directly contributed to Israel’s alleged crimes.

‘I can’t remain passive’

According to Al-Haq’s statement, Albers pointed out that “the Netherlands has discretion on how to fulfill its legal obligations.”

“However, international law stipulates that it cannot remain passive and its actions cannot be contrary to the Genocide Convention and the Geneva Conventions. “The Dutch judicial system has the duty to examine the legality of Dutch policy,” he added.

‘I Take Courage’ – Three Palestinian Children Are Killed Every Week in the West Bank

Al-Haq said that the State “displays a contradictory position” regarding its policy towards trade with settlements.

“On the one hand, it says it has held hundreds of meetings with Dutch companies where their so-called deterrent policies were explained,” the organization said, adding that it also referred to the International Crimes Act, which can hold actors accountable. due to their participation in settlements.

“But the essence of the policy is that it is in the hands of companies to decide whether to do business in settlements or not,” Al-Haq said.

“How can this be the State’s message to companies?” said Daan de Grafte, ELSC’s legal officer, according to Al-Haq. he argued.

“The ICJ has made it clear that this does not go far enough,” de Grafte said.

‘High Risk’

Al-Haq said the stakes are high in this case.

“Almost a year ago, the ICJ stated that Israel’s actions in Gaza could constitute genocide and imposed a duty on states to take action to prevent this. “Furthermore, the ICJ ruled that Israel’s policies in the OPT violated fundamental principles of international law.”

“The Netherlands’ failure to act threatens the lives of Palestinians, increases their suffering and undermines international law. The organization stated that if international decisions are not implemented within the country, the foundation and reliability of the international legal system is at risk.

The coalition of plaintiff organizations includes Al-Haq, Al-Mezan, the Palestinian Center for Human Rights, the Dutch organization Een Ander Joods Geluid (EAJG), the European Legal Support Center (ELSC) and SOMO.

According to Al-Haq, the court’s decision is expected to be given on Friday, December 13.

(PC, Anatolia)

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