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THE HAGUE, Netherlands (CN) — Lawyers for a group of both Palestinian and Jewish advocacy organizations told a Dutch court on Friday that by sending weapons and parts to Israel, the Netherlands is violating the Genocide Convention.
On Thursday, the International Criminal Court issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu, his former Minister of Defense Yoav Gallant and a senior Hamas official for war crimes and crimes against humanity.
“Dutch weapons are being used to kill children in Palestine, including my family,” legal adviser Ahmed Abofoul told The Hague District Court. Abofoul works for Palestinian organization Al-Haq, one of the 10 groups involved in the complaint.
The complaint goes further than one made last year, which focused on forcing the Netherlands to stop exporting F-35 fighter jet parts to Israel. The Dutch government is appealing a ruling from The Hague Court of Appeals and the Supreme Court is considering the case.
Lawyers for the Netherlands denied the country was violating international law. The Netherlands “does not contribute to Israeli attacks on Gaza. Nor to the actions of the Israeli army on the West Bank or specifically to the maintenance of the occupation of the Palestinian territories,” government lawyer Reimer Veldhuis said.
The Netherlands also argued that it was up to the government, not the court, to make decisions about foreign relations. Veldhuis stressed “complexity of the foreign policy of the Dutch state” in his arguments.
Lawyer Wout Albers, who represents the organizations, disagreed that the court has no role to play. “Today is not about assessing political choices, but guaranteeing fundamental respect for the international legal order and protections for international law,” he said.
Following the Oct. 7, 2023, attacks by the militant organization Hamas, which left more than 1,200 people dead and saw more than 250 people taken hostage, Israel began carrying out airstrikes and ultimately led a ground invasion into the Gaza Strip. According to Gaza’s Health Ministry, 42,000 people have died in the conflict.
Earlier this year, the highest court of the United Nations found there was a risk of genocide in Gaza and ordered Israel to let in more humanitarian aid.
As part of a complaint filed in December 2023 claiming that Israel is violating the Genocide Convention, South Africa asked the Hague-based court to issue a series of emergency measures. Albers pointed to this case as evidence that the Netherlands must stop weapons exports and other forms of trade. Judges at the International Court of Justice have since issued three sets of emergency measures, ordering Israel to adhere to international law, allow humanitarian aid in and give international observers access to the Gaza Strip.
The day before the hearing, judges at another Hague-based court, the ICC, issued arrest warrants for Israeli leaders, six months after they were requested.
“The chamber considered that there are reasonable grounds to believe that both individuals intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel and electricity,” the three-judge panel said in a statement.
The court’s chief prosecutor Karim Khan had also requested warrants against Hamas leader Yahya Sinwar, the militant organization’s military chief Mohammed Deif and senior official Ismail Haniyeh on charges of their involvement in the Oct. 7 attacks.
The court issued the warrant for Deif, finding there was enough evidence to believe he had helped organize the cross-border raid last year that left more than 1,000 dead. “The chamber found reasonable grounds to believe that senior leaders of Hamas, comprising of at least Mr. Deif, Mr. Sinwar, and Mr. Haniyeh, agreed to jointly carry out the 7 October 2023 operation,” the court said in a separate statement.
Sinwar and Haniyeh have since been killed in the conflict and the prosecutor has withdrawn the charges against both men. Israel claims to have also killed Deif but that has not been confirmed by Hamas.
The Hague District Court will issue a decision in the case against the Netherlands on Dec. 13.
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