Netherlands sued for 'failing to prevent Israel's genocide in Gaza'

Lawyer tells court that Dutch government is sustaining the military campaign

Chairwoman Sonja Hoekstra van Vliet sits on the day a district court hears the case of pro-Palestinian NGOs that are suing the Dutch state in The Hague, Netherlands, on November 22. Reuters

Pro-Palestinian campaigners took the Dutch state to court on Friday as they argued that it has failed to prevent genocide in Gaza by maintaining military ties with Israel and failing to end all business investments in the occupied Palestinian territories.

"States with unique leverage have a unique responsibility to prevent genocide and not to wait for it to happen," legal adviser to Palestinian NGO Al Haq, Ahmad Abofoul, told the court in The Hague.

Addressing presiding judge Sonja Hoekstra van Vliet, Mr Abofoul said: "You have the opportunity to contribute to stopping this because the Dutch government's involvement in this is sustaining the situation - not only genocide [but also] the longest occupation in history."

Lawyers speaking on behalf of the Dutch state told the court that they rejected such claims and described the NGOs' case as vague and unfounded. NGOs argue that the Netherlands is required under the Geneva Conventions to ensure respect for international humanitarian law.

Ms Hoekstra van Vliet opened the session by stating that the situation in Palestine was "very severe" and "very sensitive". She said that both the defendants and the plaintiffs recognised the illegality of the Israeli occupation. "The question is: what is legally happening today, and what can you expect from the [Dutch] state?" asked Ms Hoekstra.

The presiding judge repeatedly pushed lawyer Wout Albers, who represented the NGOs, to clarify whether they were asking that the Netherlands should stop exporting all types of weapons, including defensive weapons, to Israel, or just offensive weapons. "When there is a risk of genocide...all means need to be applied," said Mr Albers, who cited exports of warship components, radar systems, and F-16 parts that he said had been used on Gaza.

The International Court of Justice found in January that it was "plausible" that Israel was committing a genocide in Gaza – a finding that is often heard among pro-Palestinian circles but is rejected by Israel. It was also echoed by the Dutch state's lawyer, Veldhuis van Asperen, who said: "I do think it's good to nuance that it hasn't been established that genocide is likely."

'Discouragement policy' in occupied territories

Mr van Asperen opened his statement by highlighting the "complexity of the foreign policy of the Dutch state," and rejecting claims by NGOs that the "Dutch state one-sidedly supports Israel" by pointing at its stated support of a two-state solution.

He also argued that the Dutch state had a comprehensive review process of its weapons exports and that courts cannot tell the state what foreign policy to adopt. This argument has also been put forward by the state in a separate court case in the Netherlands that has temporarily blocked exports of F-35s parts to Israel.

Terminating all business ties with the occupied territories would contravene EU trade law, added Mr van Asperen, who said the Dutch state had a "discouragement policy" regarding investments there. Ireland, also an EU country, has set a precedent by amending its laws to abide by an ICJ opinion issued in July that says states must "take steps to prevent trade or investment relations" with those territories. "Plaintiffs didn’t mention concrete collaborations between Israel and the Netherlands that would be against international law," Mr van Asperen said.

A report published in December 2022 by Dutch NGO Pax for Peace showed that nine Dutch banks, pension funds, insurers and asset managers invested €12.5 billion euros from 2019 to August 2022 in companies involved in the illegal occupation of Palestinian territories. "This puts them at high risk of contributing to systematic human rights violations," it said.

Mr Abofoul said that Dutch citizens and public servants were at risk of being sued. "Is it enough to say: we don't recognise settlements but we allow Dutch citizens to invest there?" Mr Abofoul asked the presiding judge. "What if, in the future, there will be individual criminal responsibility for Dutch citizens in aiding an abetting a war crime - is the Dutch government exposing Dutch companies and citizens to accountability and perhaps trials?"

A verdict is expected on December 13.