Dutch-Palestinian coalition to sue Dutch government over Gaza genocide

A coalition of NGOs from the Netherlands and Palestine are suing the Dutch government over what they say is its failure to stop Israel's genocidal war in Gaza.

In a statement released today the coalition demanded that the Dutch government ban the export or transit of military equipment and dual-use items to Israel, as well as cut trade and investments that support Israel's occupation of  the Palestinian Territories.

The coalition is made up of the al-Haq, Al Mezan, Een Ander Joods Gluid (EAJG), the European Legal Support Center (ELSC), Groningen Jabalya, SOMO, Stitching Kifaia, Stitching Palestina and is supported by lawyers from the Global Justice Association.

The statement argues that as a party to the Genocide Convention, the Netherlands is obliged to prevent the crime of genocide occurring, referring to the Netherlands-based International Court of Justice's (ICJ) findings in January that Israel is plausibly committing genocide in Gaza.

In particular, the coalition noted: "there is no indication that the Dutch state plans to take measures aimed at precenting genocide in Gaza or addressing Dutch economic ties to Israel's unlawful presence in the Occupied Palestinian Territories."

"It is incumbent upon the Dutch judicial system to enforce legal obligations to which the state is committed," the statement added.

Daan de Grefte, legal officer for the ELSC, told The New Arab that the organisation "wants to make more concrete what the legal obligations of third states are in cases of potential genocide, on the one hand, and cases of systemic violations of international humanitarian law (the laws of war), on the other."

In particular, De Grefte referenced both the ICJ's January ruling on potential genocide in Gaza and obligations under Article 1 of the Genocide Convention, as well as the ICJ's ruling on preventing trade and investment relations that could benefit Israel's occupation of Palestinian territories.

"These obligations are shared by all states and are especially relevant for Israel's allies," De Grefte said, adding that "we aim to show that according to international law, states must do much more to protect the rights of Palestinians under occupation and under military assault."

De Grefte added that the ELSC was thinking about taking similar cases to other European states where it operates, and that even if the case does not have the desired outcome, the organisation will continue to seek "justice and accountability for the crimes committed against the Palestinian people, and for the genocide to end." 

Israel's war on Gaza, which has been ongoing for a year, has killed at least 42,065 Palestinians and damaged or destroyed much of the enclave's infrastructure.

In may, International Criminal Court chief prosecutor Karim Khan requested the issuing of arrest warrants for both Israel's Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant over war crimes and crimes against humanity.