On Thursday, the court dismissed the case, stating that although “there is a serious risk that Israel will commit genocide against the Palestinian population in Gaza,” decisions on foreign policy and national security fall within the Dutch government’s discretion.
In its written judgment, the court said it could not impose a general ban because the plaintiffs failed to prove that the government systematically ignored whether exported weapons or dual-use goods might be used in human rights violations.
The ruling also ordered the organizations to pay legal costs.
“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 failing to prevent a “genocide” in Gaza and pursuing a “clearly unlawful” foreign policy toward Israel.
The activist groups sought to compel the Netherlands to halt arms and police dog exports to Israel and to end economic ties with companies operating in the occupied Palestinian territories.
They cited a January 2024 directive by the International Court of Justice (ICJ), which ordered Israel to prevent acts of genocide in Gaza and recognized that Palestinians might be denied rights protected under the Genocide Convention.
A lower Dutch court had rejected a similar case last year, saying the state retains discretion in foreign policy and courts should avoid interference.
In October, the Dutch government said it would uphold its ban on exporting F-35 fighter jet parts to Israel, even though a Supreme Court decision gave it the option to revise its stance.
According to health authorities in Gaza, Israel’s genocidal war has killed at least 68,875 Palestinians and wounded 170,679 since October 2023.
At least 236 Palestinians have been killed and 600 injured since a ceasefire between Hamas and Israel took effect last month.