In a landmark legal action, a coalition of Palestinian and Dutch civil society organisations has filed a lawsuit against the government of the Netherlands, accusing it of failing to prevent genocide in Gaza and other Israeli violations of international law. The case, brought before a Dutch civil court today, seeks to compel the Netherlands to take decisive action against Israel’s ongoing military operations and the illegal occupation of Palestinian territories.
The coalition of Al-Haq, Al Mezan, Een Ander Joods Geluid (EAJG), the European Legal Support Centre (ELSC), Groningen Jabalya, SOMO, Stichting Kifaia and Stichting Palestina is represented by lawyers from Global Justice Association. The case is also supported by Erev Rav and Plant een Olijfboom.
At the heart of the legal case are two primary demands: a ban on the export and transit of weapons, weapon parts and dual-use items to Israel, and a prohibition on all Dutch trade and investment relations that support Israel’s unlawful occupation of Palestinian territory.
The lawsuit comes in the wake of the International Court of Justice (ICJ) January 2024 ruling, which found that Israel is committing plausible genocide against Palestinians in Gaza. Despite this ruling and numerous international warnings, the Dutch government has failed to take substantive action to prevent further atrocities.
“The Palestinian people have been suffering from Israel’s violations of international law since long before 7 October 2023,” said Issam Younis from Al Mezan. “However, our oppression has reached unprecedented levels in the past year.”
Daan de Grefte from the ELSC pointed out that, “The ICJ has confirmed that Israel’s assault on Gaza since 7 October could amount to genocide, triggering the legal obligation of all states to do whatever is in their power to prevent it.”
The legal action extends beyond the current genocide in Gaza, addressing Israel’s long-standing violations in the West Bank and Jerusalem, including illegal settlements and military occupation. The coalition argues that the policy of the Netherlands regarding these issues has been woefully inadequate.
The NGOs are urging the Dutch state to impose sanctions and advocate for other nations to sever economic ties that support Israel’s unlawful policies. Lydia de Leeuw from SOMO insisted that 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 coalition’s lawyer, Wout Albers of Global Justice Association, stressed the importance of adhering to international law: “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 territory is illegal.”
Albers emphasised that, at the very least, the Netherlands must refrain from engaging with Israel. The country has an obligation not to cooperate or be complicit in any violations and should take all necessary steps to stop future grave breaches and prevent further acts of genocide.
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