Netherlands sued over failure to end Israeli violations of int'l law
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The complaint contends that the Netherlands has a legal responsibility to do all in its power to prevent suspected violations of international law and the 1948 Genocide Convention by "Israel".
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Bodies of Palestinians killed in the Israeli bombardment of the Gaza Strip were brought to the hospital morgue in Deir al-Balah on October 10, 2024. (AP)
Palestinian and Dutch groups launched a court lawsuit against the Netherlands on Thursday, accusing it of failing to prevent "Israel" from committing probable genocide in Gaza and other crimes of international law.
The complaint contends that the Netherlands has a legal responsibility to do all in its power to prevent suspected violations of international law and the 1948 Genocide Convention by "Israel".
It is endorsed by Palestinian human rights organizations, Dutch social justice NGOs, and Jewish organizations that oppose the Israeli government.
The groups want courts to force the country to suspend any commerce with the Israeli occupation relating to its presence in the occupied Palestinian territories, as well as a ban on all Dutch exports of weapons and equipment to "Israel" that may be used for military purposes, according to the NGOs' lawyer, Wout Albers.
The lawsuit is anticipated to be heard in November.
It is uncertain how far the lawsuit will proceed, given the Dutch Supreme Court has previously denied multiple attempts to hold the Netherlands accountable for alleged violations of the Genocide Convention.
The Netherlands has always been a staunch political supporter of the occupation. The legal lawsuit draws on the conclusion of a previous case against the Dutch state, in which a court in February ordered the government to halt all shipments of F-35 fighter aircraft parts to "Israel" due to worries that they were being used to violate international law.
Netherlands could sue 'Israel' over espionage, interference in ICC
Prosecutors in the Netherlands are reviewing a request to initiate a criminal case against senior Israeli intelligence officials, following allegations that they interfered with the International Criminal Court's (ICC) investigation into crimes in the occupied Palestinian territories.
The complaint, filed last week by a group of 20 individuals, most of whom are Palestinian, urges the Dutch prosecution service to investigate claims that the Israeli occupation sought to derail the ICC's inquiry. The legal submission cites a report by The Guardian, revealing that Israeli intelligence had attempted for nearly a decade to undermine, influence, and intimidate the ICC's chief prosecutor's office.
This investigation, carried out jointly by The Guardian, the Israeli +972 Magazine, and the Hebrew-language publication Local Call, led the Dutch government to raise concerns with the occupation's ambassador earlier this year. As the host state of the ICC, which is based in The Hague, the Netherlands is obligated to protect the court and its staff from interference, under an agreement with the ICC.
The criminal complaint, as seen by The Guardian, urged Dutch authorities to honor these obligations "as a matter of urgency." Lawyers for the complainants argued that "Israel's many attempts to influence, sabotage, and stop the investigation constitute a direct violation of their [clients'] right to justice."
The submission further alleged that Israeli espionage targeting the ICC may have violated Dutch criminal law and potentially breached Article 70 of the Rome Statute, which governs offenses against the administration of justice. The lawyers called on Dutch prosecutors to specifically target senior Israeli security officials involved in these activities.
The ICC's investigation into Palestine began in 2015 when the court's former chief prosecutor, Fatou Bensouda, opened a preliminary inquiry into the situation in Gaza, the West Bank, and occupied al-Quds. This inquiry led the Israeli occupation to launch a covert campaign against the court, which now forms the basis of the complaint filed in the Netherlands.
Dutch prosecutors have yet to announce whether they will formally open the case.
