A Dutch appeals court on 6 November confirmed the dismissal of a case filed by pro-Palestinian organizations demanding that the Netherlands end arms exports to Israel and cease trade with Israeli settlements in the occupied Palestinian territories.
In its written judgment, the court said it was not within the judiciary’s authority to dictate such measures, stating that the decision lies with the government.
The plaintiffs argued that as a signatory to the 1948 Genocide Convention, the Dutch state is obliged to take all available steps to prevent genocide, citing Israel’s ongoing mass killing of civilians in Gaza.
The court agreed that the Netherlands holds that legal obligation and acknowledged “a grave risk” that Israel is committing genocide.
However, the judges maintained that the government already evaluates the risk of human rights abuses before approving military exports and noted that some applications have been denied.
The court also upheld an earlier ruling from December last year that sided with the Dutch state, which claimed it had taken sufficient precautions and halted certain shipments.
The pro-Palestine groups had alleged that Dutch companies supplied Israel with radar systems, F-16 components, warship equipment, police dogs, surveillance cameras, and software.
The government countered that it has stopped most arms exports to Israel and now only authorizes deliveries of parts used in defensive systems such as the Iron Dome.
Israel has rejected all accusations of genocide, despite a UN inquiry officially announcing it in mid-September, insisting its Gaza campaign targets Hamas.
The appeals court concluded that the pro-Palestine organizations failed to demonstrate that the state systematically neglects its obligations when assessing export risks and therefore could not justify a blanket ban on arms or dual-use items.
Despite their public condemnations of Israel’s genocide of Palestinians in Gaza, European nations remain the largest buyers of Israeli-made weapons, purchasing over $8 billion worth last year, according to Bloomberg.
Demand is projected to grow further as NATO members prepare to raise defense spending to five percent of GDP by 2035.
The move is heavily dependent on Israel’s deeply integrated defense industries, including Elbit Systems, Rafael, and Israel Aerospace Industries (IAI).
Hellbound and Down 