News / Palestine / EU

Dutch court warns of ‘serious risk’ of genocide in Gaza, yet allows arms sales to Israel

Friday, 07 November 2025 8:01 AM [ Last Update: Friday, 07 November 2025 8:01 AM ]

Israeli Prime Minister Benjamin Netanyahu stands in front of an F-35 fighter jet at the Israeli Air Force's Nevatim base in the southern part of the Israeli-occupied territories.

The Hague Court of Appeal has rejected a lawsuit by pro‑Palestinian groups seeking to halt Dutch arms sales to Israel, ruling that while there is a “serious risk” of genocide in Gaza, foreign policy decisions remain the government’s prerogative.

On Thursday, the court threw out the case, asserting that, although “there is a serious risk that Israel will commit genocide against the Palestinian population in Gaza,” the Dutch government has “considerable discretion” to determine foreign policy and issues of national security.

The court stated in its written decision that it could not impose a broad prohibition, as the plaintiffs had not provided evidence that the government consistently neglected to assess whether exported weapons or dual-use items might be employed in rights violations.

The court additionally mandated the organizations to cover the legal expenses.

“While it is plausible that there is a risk of genocide and serious human rights violations, it is not, in principle, up to the court to prescribe to the State what measures must be taken to prevent this,” the court said in a statement.

Ten pro-Palestinian NGOs had filed the lawsuit against the Dutch government, lambasting it for doing too little to prevent the “genocide” in Gaza with a “clearly unlawful” foreign policy towards the Israeli regime.

The activist groups were hoping the lawsuit would compel the Netherlands to halt the supply of weapons and trained police dogs to Israel, as well as sever economic connections with businesses active in the occupied Palestinian territories.

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The NGOs had cited a January 2024 directive from the International Court of Justice (ICJ), urging Israel to prevent acts of genocide in Gaza. The UN’s highest judicial authority noted that it was plausible Palestinians were being denied certain rights safeguarded by the Genocide Convention.

A Dutch court rejected their case last year, saying the state has some leeway to decide its policies and courts should not rush to step in.

In October, the Netherlands said it would maintain its ban on exporting parts for F-35 fighter jets to Israel despite a Supreme Court order giving it the option to change its policy.

Israel’s genocidal war on Gaza has killed at least 68,875 Palestinians and wounded 170,679 since October 2023.

Israeli forces have killed at least 236 Palestinians and wounded 600 others in Gaza since a ceasefire agreement between Hamas and the Tel Aviv regime took effect last month.

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