Dutch State accused of failing to prevent genocide 

Last updated on 29 October 2025

Case overview

“When famine is used as a weapon, a call for a ceasefire is a serious underestimation of the situation on the ground. Every day we see the images. This must stop. The Netherlands must stop supplying weapons and goods used for human rights violations”, the coalition’s lawyer argues.

The case challenges the conduct of the Dutch State in its dealings with Israel and the OPT. The organisations accuse the Dutch State of failing to uphold its legal obligations under international and domestic law and failing to respect its obligations to prevent the commission of the crime of genocide and violations of international humanitarian law by Israel. 

Even though Israel has violated the rights of Palestinians since its inception, the past two years have made abundantly clear what Israel is capable of and that the only way to protect Palestinians is through intervention by the international community. Without meaningful pressure on Israel, including from its political allies, the onslaught in Gaza and the unlawful occupation and annexation of Palestinian territory will continue unabated.

In February 2024, in a different lawsuit which was aimed at stopping the export of F35 parts from the Netherlands to Israel, the Dutch Court of Appeal ruled that there is a clear risk of serious violations of international humanitarian law(opens in new window) being committed by Israeli forces in Gaza. In the same month, UN experts warned that any transfer of weapons to Israel(opens in new window) that would be used in Gaza is likely to violate international humanitarian law and should cease. Despite this, the Netherlands continues to issue export licenses for the supply of weapon parts and dual-use items to Israel. 

On 21 November 2024, the International Criminal Court (ICC) issued arrest warrants(opens in new window) against Israel’s Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024.

Illegal occupation and settlements

In the West Bank, including East Jerusalem, Israel has continuously expanded illegal settlements by appropriating Palestinian land. Over 700,000 Israelis(opens in new window) now live in the occupied West Bank, including East Jerusalem. Settler violence and settlement growth have intensified over the years, and especially since October 2023.

The International Court of Justice confirmed in July 2024 that the Israeli occupation of Palestinian territories is illegal(opens in new window) and must end, highlighting the discrimination against Palestinians, and that third States must not support Israel’s unlawful policies, including through trade or investment. Despite this, the Netherlands continues to allow Dutch companies to profit from these violations, violating its legal obligations under treaties and customary international law.

Gaza genocide

As of October 2025, the confirmed death toll in Gaza since October 2023 is over 68,000(opens in new window) . Over 270,000 people are estimated to have died as a result of injuries, preventable or treatable diseases and a lack of food, water, and medical treatment. This takes into account a conservative estimate(opens in new window) of four “indirect deaths” per one “direct death”.

On December 29, 2023, South Africa filed a case against Israel(opens in new window) at the International Court of Justice, accusing it of violating the Genocide Convention. The Court issued its judgment(opens in new window) on January 26, 2024.

The Court found that, at least, some of South Africa’s claims were plausible under the Genocide Convention. It emphasised the Palestinians’ right to protection from genocide and South Africa’s right to demand Israel’s compliance with the Convention. The Court acknowledged the severe humanitarian crisis in Gaza caused by Israel and ruled that Israel must avoid genocidal acts, prevent incitement to such acts, and allow humanitarian aid into Gaza. Israel has so far not complied with the ruling.

The Genocide Convention, to which the Netherlands is a party, and related jurisprudence oblige State Parties “to employ all means reasonably available to them” to prevent the crime of genocide from taking place in Gaza. However, the Netherlands has failed to act to prevent genocide in Gaza, even after the International Court of Justice (ICJ) found, in January 2024, that Israel is plausibly committing genocide against Palestinians in Gaza(opens in new window) . In addition to the Genocide Convention, the Geneva Conventions bind States to ensure respect for international humanitarian law(opens in new window) .

Allegations

Our legal case focuses on the role of the Netherlands in both Israel’s genocide in Gaza and the illegal occupation in the OPT as a whole. The coalition accuses the State of inaction to prevent and stop the genocide in Gaza, by continuing to issue export licenses for arms and dual use items, and by allowing police dog companies to export dogs to Israel while knowing the risk that they could end up being used in atrocity crimes by the Israeli army. The Netherlands also continues to allow Dutch companies to trade with and invest in the illegal Israeli settlements, despite its legal obligation to take steps to prevent those economic ties.

In July 2024, the ICJ determined that all states have the obligation to prevent and abstain from economic dealings that assist Israel’s unlawful policies and practices in the Occupied Palestinian Territory. Our court case seeks to bring an end to Dutch trade and investment relations that help maintain the illegal occupation, racial segregation, and colonisation through settlements. The Netherlands must take effective measures to that effect.

The Netherlands refuses to adhere to international law

There is no indication that the Dutch State plans to take measures aimed at preventing genocide in Gaza or addressing Dutch economic ties to Israel’s unlawful presence in the OPT. The most recent Dutch government has positioned itself even closer to Israel, as the latter continues to bombard, starve, and forcibly displace Palestinians – even after the ceasefire agreement that came into effect in October 2025.

Pressure from parliamentarians and mass demonstrations in the country have not resulted in the Dutch State changing course. In debate after debate and interview after interview, the political decision makers continue to defend their approach and explicitly refuse to stop the flow of military goods to Israel or prevent Dutch economic ties to the settlements. It is clear that political processes can’t bring the (in)actions of the Dutch State in line with the law.

This is why our coalition of civil society organisations has decided to take the Dutch State to court. It is incumbent upon the Dutch judicial system to enforce legal obligations to which the State is committed.

Complaint rationale

1. Israel’s genocide in Gaza and its illegal occupation and settler presence in the OPT are maintained by third states and foreign corporations that provide (material) support such as weapons, goods, and investments. 
2. Continued supply of arms parts and dual use goods to Israel under the current circumstances is contrary to Third State obligations under the Genocide Convention and the Geneva Conventions. 
3. The Netherlands, and all third states, are obliged to “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory” according to the International Court of Justice. By continuing to allow trade and investment relations that assist in the maintenance of Israel’s illegal occupation, settlements, and racial segregation in the Occupied Palestinian Territory, the Netherlands violates its obligations under international law.

What do we want from the Dutch State?

The claimants believe the Netherlands is not making sufficient efforts to meet its obligations, given its political, economic, and military ties with Israel, and is failing to address the serious violations of international law effectively.

With our case, we want to bring the Dutch government policy vis-à-vis Israel and the OPT in line with international law. This should result in the Netherlands taking measures to prevent genocide in Gaza and to end all economic and trade connections to the illegal Israeli occupation and settlements in the OPT.

We are seeking disciplinary action against the Dutch State to align its approach towards Israel and the OPT with international law obligations, including jus cogens, international humanitarian law, and the Genocide Convention. We request specific policy changes, such as:

• Stopping the export of weapons, weapon components, and dual-use items to Israel, where they can be used in the commission of genocide, war crimes, and crimes against humanity;
• A halt to the export of dogs trained by Dutch police dog companies to Israel, where there is a  risk of these dogs being used in the commission of atrocity crimes;
• Taking further actions to end all Dutch trade and investment relations that maintain Israel’s unlawful presence in the OPT.

The systemic violence and dehumanisation faced by Palestinians demand immediate and concrete action, not complacency or complicity.

What’s next?

On 13 December 2024, the District Court of The Hague ruled on the case. While the ruling was anticipated, our coalition saw it as a setback for international accountability and justice. Although the court acknowledged the Dutch State’s legal obligations under international law, including the duty to prevent genocide and protect human rights, it ultimately ruled in favour of the State.

After thoroughly reviewing the court’s ruling, on 25 March 2025, the coalition filed an appeal to the court’s decision. At the core of the appeal is the Dutch State’s continued facilitation of arms exports to Israel and its non-deterrent approach to economic activities in illegal Israeli settlements in the occupied West Bank. The coalition provided evidence that components exported from the Netherlands have been used in military attacks on Gaza, including F-35 and F-16 fighter jets. Notably, the Dutch government published a new export permit for F-16 parts on the very day of the court hearing in November 2024, contradicting its own assurances that such approvals were unlikely under current conditions.

Through this appeal, the coalition called on the Dutch judiciary to enforce international law and bring the State’s conduct in line with its legal obligations. This includes the suspension of active arms export licenses to Israel and ordering the Dutch State to take active steps to prevent trade relationships between Dutch companies and unlawful Israeli settlements.

On 3 September 2025 the appeal hearing took place at the Court of Appeal in The Hague. The coalition’s legal team argued that the Dutch state has failed to show that it applied the correct criteria when assessing export licences. What it comes down to is that the Dutch government is issuing and maintaining export licences without ensuring compliance with its obligations under international law, including the duty to prevent genocide. A written ruling will be issued on 6 November 2025.

Voices of the co-filers

“The Palestinian people have been suffering from Israel’s violations of international law since long before 7 October 2023. However, our oppression has reached unprecedented levels in the past year.  People in Gaza have been the victim of a genocidal assault that does not appear to end anytime soon while, in the rest of Palestine, Israel is doubling down on its policies of colonisation, apartheid, and subjugation. The Netherlands is aware of this, but it continues to support Israel politically, economically, and militarily, at the cost of the rights of Palestinians.” Issam Younis from Al Mezan.

“The ICJ has confirmed that Israel’s assault on Gaza since 7 October could amount to genocide, triggering the legal obligation of all States to do whatever is in their power to prevent it. The ICJ has also held that States should take steps to prevent trade or investment where it could support the unlawful occupation of Palestine. It is now up to domestic courts to give practical meaning to these determinations and to ensure that international law is applied equally to all States.” Daan de Grefte from the ELSC.

“There can be no business as usual with Israel. Dutch investors, supermarkets, suppliers of military products, and other actors have been enabling the occupation and ethnic cleansing of the Palestinians for decades. The Netherlands, host of the ICC and ICJ, must adhere to its own obligations under international law and take measures for accountability. Now.” Lydia de Leeuw from SOMO.

SOMO’s role

SOMO is one of the co-filers of the case against the Dutch State and has provided factual and legal research for the case.

Media coverage

• Appeal hearing in case against the Dutch State(opens in new window) – Middle East Eye, 4 September 2025
• Dutch rights groups appeal in The Hague court to end arms exports to Israel(opens in new window) – Al Jazeera English, 3 September 2025
• Organisaties proberen Nederland (weer) via de rechter te dwingen Israël strenger aan te pakken(opens in new window) – Trouw, 3 september 2025
• Nederlandse onderdelen voor Israëlische marineschepen ondanks ingetrokken vergunning opgestuurd(opens in new window) – de Volkskrant, 3 september 2025
• ‘We are demanding the bare minimum’ – Dutch rights groups challenge arms exports to Israel in The Hague court(opens in new window) – Viory, 3 September 2025
• Nederland heeft de wapenexport naar Israël fors ingeperkt – maar nog niet genoeg, zeggen tien organisaties(opens in new window) – NRC, 3 September 2025
• Opinie: Nu de politiek faalt, is het aan de rechter om genocide in Gaza te voorkomen(opens in new window) – de Volkskrant, 2 September 2025
• Proces tegen de staat om stopzetten wapens aan Israël af te dwingen(opens in new window) – NOS, 10 October 2024
• Coalitie van Palestijnse en Nederlandse ngo’s klaagt staat aan omdat Nederland te weinig doet(opens in new window) – NRC, 10 October 2024
• Dutch state sued over alleged failure to stop Israel’s violations of international law(opens in new window) – Reuters, 10 October 2024