On Thursday, November 6, 2025, the Hague Court of Appeal delivered a landmark decision that has sent ripples through international legal and diplomatic circles. Ten pro-Palestinian non-governmental organizations (NGOs) had mounted an appeal, urging the Dutch government to halt all weapons exports to Israel and sever economic ties with businesses operating in the occupied Palestinian territories. Their case, grounded in the obligations of the 1948 Genocide Convention, sought to compel the Netherlands to take a far stronger stance against what they described as a "serious risk of genocide" in Gaza.
The court’s ruling, however, was a complex blend of legal acknowledgment and governmental deference. As reported by The New Arab and corroborated by the Associated Press, the Hague Court of Appeal explicitly recognized that "there is a serious risk that Israel will commit genocide against the Palestinian population in Gaza." This finding marks the first time a national court has so clearly articulated such a risk regarding Israel’s actions in Gaza, effectively activating Article One of the Genocide Convention and underscoring the Dutch state’s duty to take all reasonably available measures to prevent genocide.
Yet, despite this grave assessment, the court ultimately dismissed the NGOs’ appeal. The judges concluded that the Dutch government retains “considerable discretion” in determining foreign policy and national security matters. In its written statement, the court explained, "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 further noted that the plaintiffs had not sufficiently demonstrated that the government was routinely failing to assess whether exported arms or dual-use goods might be used to violate rights.
For the NGOs, the decision was bittersweet. Daan de Grefte, Senior Legal Officer at the European Legal Support Centre (ELSC), told The New Arab that the ruling was both “quite groundbreaking” and “very disappointing” in practical terms. "We think that in terms of practical effects, the decision is very disappointing, in a more theoretical sense…the Dutch government is forced to take into account the serious risk of genocide in all future decisions about Palestine," de Grefte said. He emphasized that the outcome would limit the government’s ability to support Israel through weapons and investment, as the court’s findings now require the state to weigh the risk of genocide in all related decisions.
The NGOs had filed their lawsuit in 2023, demanding a blanket ban on arms exports to Israel, a halt to the export of military dogs (which they allege have been used by Israeli forces to terrorize Palestinian civilians), and an end to trade and investment with companies operating in illegal Israeli settlements. They cited the International Court of Justice’s (ICJ) January 2024 order, which found it plausible that Palestinians were being deprived of rights protected under the Genocide Convention and instructed Israel to prevent acts of genocide in Gaza.
Despite the ICJ’s warning and the Dutch court’s acknowledgment of a grave risk, the Hague Court of Appeal ruled that the Dutch government had already taken sufficient steps. According to the Associated Press, the court pointed to the government’s decision to halt most arms exports to Israel and to allow only components for defensive systems such as the Iron Dome. The government’s position, articulated by lawyer Reimer Veldhuis, is that "every cooperation is cautiously weighed." The court also noted that the government had sufficiently discouraged Dutch companies from working in the occupied territories.
Adding further context, the Dutch Supreme Court recently ordered the government to reevaluate its suspended license for exporting F-35 fighter jet parts to Israel. Foreign Minister David van Weel commented in October 2025 that resuming these exports was "unlikely given the current situation" in Gaza. This came on the heels of a lower court’s December 2024 finding that sufficient checks were in place to comply with international law, a decision the NGOs had appealed.
The broader backdrop to these legal battles is the devastating war in Gaza. According to Gaza’s Health Ministry, as reported by AP and Al Jazeera, Israel’s military campaign since the Hamas-led attacks on October 7, 2023, has killed at least 68,875 Palestinians and wounded 170,679. The Hamas attack itself resulted in the deaths of about 1,200 Israelis and the taking of 251 hostages, according to Israeli authorities. Since a U.S.-brokered ceasefire took effect last month, Israeli forces have killed at least 236 Palestinians and wounded 600 more in Gaza.
The Dutch government has consistently denied violating the 1948 Genocide Convention, drafted in the aftermath of World War II. Their stance is that export licenses are reviewed on a case-by-case basis and that Dutch foreign policy towards Israel remains within the bounds of international law. The court’s ruling, while not granting the NGOs’ demands, does place a new legal and moral onus on the government to consider the risk of genocide in all future dealings with Israel.
The court’s decision also arrives at a time of increasing legal scrutiny of Israel’s actions in Gaza. The Associated Press reported that the Dutch court’s hearing last year coincided with the International Criminal Court’s issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense chief, alleging war crimes in Gaza. Netanyahu has strongly denied those accusations.
For the NGOs and their supporters, the ruling is a call to vigilance, not resignation. While the court declined to impose a blanket ban, it has, for the first time, formally recognized the serious risk of genocide and the Dutch state’s corresponding obligations. As Daan de Grefte put it, "Now the Dutch state has to take all measures that are reasonably available to them to stop that genocide." The organizations have signaled that they will continue to press the government to live up to these obligations, both in the courts and in the court of public opinion.
As the humanitarian crisis in Gaza persists and international legal institutions weigh in, the Netherlands finds itself at a crossroads. The Hague Court of Appeal’s decision may not have delivered the sweeping policy overhaul the NGOs sought, but it has set a precedent that could shape Dutch—and perhaps European—responses to the Israeli-Palestinian conflict for years to come.
