Denmark faces legal action over arms sales to Israel amid Gaza war

Danish Foreign Minister Lars Løkke Rasmussen declared on Thursday that the Danish government was "not guilty" of unlawful arms exports despite continuing to sell F-35 components to Israel.

Rasmussen said he would not allow domestic courts to decide whether it was illegal or not for his government to sell crucial military hardware to Israel.

The statements came as Copenhagen faces an ongoing civil lawsuit brought by Amnesty International Denmark, Oxfam Denmark, Mellemfolkeligt Samvirke (Action Aid Denmark) and the Palestinian human rights organisation Al-Haq, regarding potential complicity in Israeli war crimes carried out in Gaza.

"Does the Danish government really believe that respect for international law can't be tested in the Danish courts?" asked Vibe Klarup, Secretary-General of Amnesty International in Denmark in response to the government's stance.

"If [Amnesty], which works around the world documenting violations of human rights and international law, doesn't have the right nor legal interest in prosecuting this case, then who will?"

The four plaintiffs are calling for a halt of Danish arms sales to Israel, similar to a court ruling in the Netherlands in February ordering the Dutch government to halt the export of F-35 fighter jet parts to Tel Aviv, citing a clear risk of violations of international law if they were used in Gaza.

The lawsuit was filed in March against the Ministry of Foreign Affairs and the National Police in Copenhagen which grants military export licenses.

In response to the lawsuit, the government's lawyer stressed that the plaintiffs were not tangibly or individually affected by the Israeli war, and concluded that "NGOs don't have the legal right to file a lawsuit against the government in national courts".

On behalf of the coalition government, Rasmussen asked the national courts to dismiss the lawsuit.

Lars Koch, Secretary General at Oxfam Denmark, refuted the government's position, highlighting that Oxfam had about 30 employees in Gaza working to provide emergency aid who were tangibly and individually affected by the bombs being dropped by Israeli planes.

The plaintiffs hold that the repeated F-35 strikes on Palestinian civilian targets, including Tuesday's, are examples of Denmark's violation of international law, as these fighter jets contain critical components, including control and bomb-release mechanisms manufactured by Terma, Denmark's largest defence company.

The Danish government's position has been the subject of an escalating political and legal row since the start of Israel's war on Gaza.

While the foreign ministry insists that the export of F-35 parts "is in line with Denmark’s legal and international obligations in the European Union", legal warnings that Copenhagen may be violating international laws have resonated with politicians and the public and support for the lawsuit over arms exports has grown.

With Israel's frequent use of F-35 jets in the indiscriminate bombardment of Gaza, there is growing political and legal criticism of what some say is Denmark's violation of agreements prohibiting the EU from exporting military equipment if there is a risk it will contribute to violating the laws of war related to the protection of civilians.

Klarup criticised the government's "double standards" pointing out that Rasmussen had refused to discuss the issue in the Danish parliament, saying it was a matter for the courts, but was now declaring the courts had no right to hear it.

She said this showed the government was evading the issue at both the parliamentary and judicial levels.

This report is based on an article by Nasser al-Salhi that appeared in our Arabic edition on 15 August 2024. Click here to read the original.