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Dutch court rejects case to ban arms exports to 'Israel'

  • By Al Mayadeen English
  • Source: Agencies
  • 13 Dec 2024 15:59
4 Min Read

Reimer Veldhuis, the lawyer representing the Dutch State, claims that the Netherlands had been adhering to European laws regarding arms exports.

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    An Israeli soldier carries a howitzer shell near the border with Lebanon, in northern occupied Palestine, Thursday, Jan. 11, 2024 (AP)

A Dutch court on Friday rejected a case brought by a coalition of pro-Palestinian organizations seeking to halt the government’s arms exports to "Israel", despite the number of people killed since the start of the Israeli war on Gaza reaching nearly 45,000.

The court, based in The Hague, stated, "There is no reason to impose a total ban on the export of military and dual-use goods on the state" and dismissed all claims.

The NGOs argued that the Dutch government was failing to prevent Israeli genocide in Gaza, accusing "Israel" of using Dutch-supplied weapons in its military operations.

"Israel is guilty of genocide and apartheid" and "is using Dutch weapons to wage war," underscored Wout Albers, a lawyer representing the NGOs, during the hearings.

Reimer Veldhuis, the lawyer representing the Dutch State, claimed that the Netherlands had been adhering to European laws regarding arms exports and called for the case to be dismissed.

The court sided with the Dutch government, saying that "the state has an obligation under international law to assess on a case-by-case basis whether the export of such goods is permissible on the basis of applicable regulations."

It noted that Dutch authorities evaluate whether exported goods could be used to violate international law and, if such a risk exists, refuse the export. The court concluded that the government "is fulfilling this obligation."

Earlier this month, Amnesty International accused "Israel" of committing genocide against Palestinians in Gaza since the onset of the war.

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In late November, the Israeli newspaper Globes reported that the decision by the International Criminal Court (ICC) to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Security Minister Yoav Gallant might pave the way for a European arms embargo on the Israeli occupation.

The decision significantly strengthens the position of those accusing the Israeli occupation of committing war crimes in Gaza and advocates for severing diplomatic ties, halting arms sales, and imposing broader boycotts.

According to the report, the ruling is likely to have several immediate repercussions, including restrictions on the travel of Israeli politicians.

However, the most serious outcome could be increased difficulty in importing weapons due to fears—now backed by high-level legal justification—that such arms might be used to commit war crimes.

Dutch PM suggests Netanyahu could avoid arrest despite ICC warrant

But Dutch Prime Minister Dick Schoof suggested that Israeli Prime Minister Benjamin Netanyahu could potentially visit the Netherlands without being arrested, despite the ICC's arrest warrant against him.

Schoof's comments appear to oppose the stance taken by Dutch Foreign Minister Caspar Veldkamp, who recently told parliament that the Netherlands fully cooperates with the ICC and would act on arrest warrants for individuals on Dutch soil.

However, Schoof indicated that exceptions could exist under international law, depending on the purpose of Netanyahu's visit.

"We have obligations that come from the treaty on which the ICC is based, and we comply with them," Schoof said during a news conference. "In light of that, we would have to see how we act when the Prime Minister of Israel were to come to the Netherlands. There are possible scenarios, also within international law, in which he would be able to come to the Netherlands without being arrested."

Schoof did not specify the circumstances but previously suggested that Netanyahu might visit an international organization in the Netherlands, such as the Organization for the Prohibition of Chemical Weapons (OPCW), without being detained.

Read more: Two IOF soldiers Australia visas denied over 'war crimes' questions

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