Nadine Osman
A Dutch appeals court has rejected a legal challenge brought by human rights organisations seeking to end the Netherlands’ export of weapons and military equipment to Israel, a decision that has sparked widespread condemnation from pro-Palestinian groups.
The case, filed by ten NGOs accused the Dutch state of enabling “genocide” in Gaza through arms exports and other forms of military cooperation. The plaintiffs urged the court to impose an immediate halt on all arms and dual-use exports to Israel, including the supply of trained military dogs, and to cease economic engagement with companies operating in illegal Israeli settlements.
This appeal followed a lower court’s dismissal of the case last year. The organisations cited the International Court of Justice’s (ICJ) landmark interim ruling in January 2024, which found it plausible that Israel is committing acts of genocide in Gaza and ordered it to take measures to prevent further violations.
In its verdict delivered on November 6, the Hague Court of Appeal sided with the Dutch government. While the court acknowledged that “there is a serious risk that Israel will commit genocide against the Palestinian population in Gaza,” it concluded that the government possesses “considerable discretion” in shaping foreign and security policy.
Rally in Rotterdam, the Netherlands, on November 19, 2023, in support of Palestine and a Gaza ceasefire. (Credit: Fjmustak/Wikimedia CC)
The judges ruled that the plaintiffs had not demonstrated that the Dutch state was systematically disregarding human rights considerations in approving arms exports. Consequently, the court declined to issue a comprehensive export ban and ordered the human rights organisations to cover the government’s legal expenses.
“Although it is plausible that there is a risk of genocide and serious violations of international law, it is not for the court to dictate what measures the State must take to address this risk,” the judgment stated.
In response, the coalition of NGOs expressed profound disappointment, accusing the government of continuing to enable Israel’s military campaign in Gaza despite international warnings. The groups stressed that, as a signatory to the 1948 Genocide Convention, the Netherlands is legally obligated to take proactive measures to prevent genocide.
The Dutch government, while rejecting claims of wrongdoing, argued that it carefully assesses all export licenses and has already suspended most arms transfers to Israel. Officials said only limited components for defensive systems, such as the Iron Dome, continue to be approved.
The ruling comes amid a tenuous ceasefire in Gaza. Israel’s ongoing military assault, launched in response to the Hamas-led attacks of October 7, 2023, has resulted in the killings of at least 68,875 Palestinians, with more than 170,000 others wounded. Vast areas of the enclave have been reduced to rubble, leaving much of Gaza uninhabitable.
Feature photo: Volunteers from Oxfam Novib, PAX and The Rights Forum demonstrate outside the Hague Court of Appeal on January 22, 2024, urging the Netherlands to halt arms exports to Israel — a demand echoed in a later legal challenge rejected by the court on November 6, 2025. (Credit: Selman Aksünger/AA)
