When courts intervene: halting the transfer of vital military equipment to Israel
By Dr Binoy Kampmark | MEMO | February 14, 2024
Legal challenges regarding the Israel-Palestine War in Gaza are starting to fill lawyers’ briefcases and courtroom proceedings. South Africa got matters underway with its December application before the International Court of Justice accusing Israel of genocide in its campaign against the Palestinians. While determining whether genocide has taken place, the ICJ issued an interim order warning Israel to prevent genocidal acts, preserve evidence relevant to the prosecution of any such acts, and ease the crushing restrictions on humanitarian aid.
In the United States, a valiant effort was made in the US District Court for the Northern District of California to restrain the Biden administration from aiding Israel’s war efforts. The application, filed by the New York-based Centre for Constitutional Rights, argued that President Joseph Biden, Secretary of State Antony Blinken and Secretary of Defence Lloyd Austin had made genocidal conditions possible “because of unconditional support given [to Israel] by the named official-capacity defendants in this case.”
The troubled judge, while citing the convention that foreign policy could not be the subject of a court’s jurisdiction, nonetheless implored Biden and his officials to observe the obligations of the UN Genocide Convention. As, “The undisputed evidence before this Court comports with the finding of the ICJ and indicates that the current treatment of the Palestinians in the Gaza Strip by the Israeli military may plausibly constitute a genocide in violation of international law,” declared Justice Jeffrey S. White.
A Dutch appeals court in The Hague has further added its name to this growing list of legal interventions. In siding with the human rights groups making the application, including Oxfam Novib, Judge Bas Boele had no qualms about questioning government policy towards Israel and the shipping of parts vital for its F-35 fighter jets. While the Netherlands does not assemble or produce the F-35, it hosts at least one storage facility at Woensdrecht, where US-made components are stored in advance of onward shipping to various countries.
Despite the ongoing conflict in Gaza, which commenced after the Hamas cross-border incursion on 7 October, the Dutch government had not discontinued deliveries of such parts under a permit granted in 2016. This was despite the monumentally lethal nature of a war that has killed at least 28,100 Palestinians — most of them children and women — and the ICJ decision.
The lower court had, in a similar vein to its US counterparts, adopted the position that decisions regarding export permits of weapon components tended to be of a political and policy nature, warranting wide executive latitude. The judge duly held that the Minister of Foreign Trade and Cooperation had weighed up the relevant interests in the case in deciding to continue with the exports.
Such an artificial distinction – one which finds that political acts that may lead to complicity in genocide are protected from, if not above, legal challenge – was not persuasive enough for the higher court. “It is undeniable that there is a clear risk that the exported F-35 parts are used in serious violations of international humanitarian law,” the appeals court found. “Israel does not take sufficient account of the consequences for the civilian population when conducting its attacks.” Indeed, such attacks had “resulted in a disproportionate number of civilian casualties [in Gaza].”
It followed that, “The Netherlands is obliged to prohibit the export of military goods if there is a clear risk of serious violations of international humanitarian law.” The export and transit of all F-35 parts with Israel as their final destination would cease within seven days of the court’s decision.
In responding to the ruling, Oxfam Novib Executive Director Michiel Servaes called it “an important step to force the Dutch government to adhere to international law, which the Netherlands has strongly advocated for in the past. Israel has just launched an attack against the city of Rafah, where more than half of Gaza’s population are sheltering; the Netherlands must take immediate steps.”
Immediate steps have duly been taken, but not along the lines advocated by Oxfam.
The Dutch government is appealing to the country’s Supreme Court to return to the status quo. It was always likely to happen and was timed to coincide with the 12 February visit by Dutch Prime Minister Mark Rutte to Israel and the occupied Palestinian territories. “In the government’s view,” explained the official statement, “the distribution of American F-35 parts is not unlawful. The government believes it is up to the State to determine its foreign policy.”
The statement goes on to reveal the sheer scope of the F-35 supply programme and its relevance to the Dutch defence industry. Whatever the humanitarian considerations about the devastation caused by Israel’s F-35 fighters, no participant wants to miss out. “The government will do everything it can to convince allies and partners that the Netherlands remains a reliable partner in the F-35 project and in European and international defence cooperation.”
Being part of the programme is also, apparently, vital to the country’s own security, and that of Israel’s, “in particular with regard to threats emanating from the region, for instance from Iran, Yemen, Syria and Lebanon.”
The Palestinian civilians hardly figured in these considerations, although Gaza warranted the briefest of mentions. “The Netherlands continues to call for an immediate temporary humanitarian ceasefire, and for as much humanitarian aid as possible to be allowed to reach the suffering people of Gaza. The situation is extremely serious. It is clear that international humanitarian law applies in full and Israel, too, must abide by it.”
As, indeed, Israel implausibly claims to be doing, even as the bombs continue to be dropped, the people continue to starve and the graves continue to be filled.
Share this:
Related
February 14, 2024 - Posted by aletho | Ethnic Cleansing, Racism, Zionism, War Crimes | Israel, Netherlands, Palestine, United States, Zionism
No comments yet.
Featured Video
Iran Won’t Back Down, They’ll Endure All Suffering /Nima Alkhorshid
or go to
Aletho News Archives – Video-Images
From the Archives
Murdering Babies is “Permissible” When They’re Palestinian
What the Media Missed on Itamar
By ALISON WEIR | CounterPunch | March 17, 2011
US media have been widely and repeatedly reporting on the awful March 11 murder of three small Israeli children and their parents. While no one yet knows who committed this act, reports presume that the murderers were Palestinian, and for this reason the incident is receiving major attention. Various heads of state, including President Obama, have condemned it.
If it turns out that the murderer or murderers were Israeli, as some previously presumed “terrorists” have turned out to be, or a foreign worker who had previously threatened the family over unpaid wages, as some reports from the area suggest, it is likely that coverage of the incident will quickly vanish from U.S. headlines.
For now, however, American news reports continue to provide excruciating details about the atrocity. Given the amount of reportage, it is surprising how much significant information is omitted.
For example, none of these reports mention that the location of the murders, Itamar (near Nablus), is an illegal Jewish-only settlement on stolen Palestinian land in the midst of refugees whom Israel pushed off their ancestral land through massacres and ruthless military actions.
Nor do reports mention the frequency with which Israeli settlers beat, occasionally torture, and sometimes murder Palestinians of all ages, burn their crops, and hack down their groves of olive trees, the livelihood of many Palestinian villagers; hundreds, at least, of these trees, have been destroyed by rampaging Israeli settlers. … continue
Blog Roll
-
Join 2,453 other subscribers
Visits Since December 2009
- 7,530,306 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
Afghanistan Africa AIPAC al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- Iran Won’t Back Down, They’ll Endure All Suffering /Nima Alkhorshid
- Russia urges Armenia to hold EU membership referendum
- Putin calls for data on Romania drone incident to be shared
- Beyond Gaza: The expanding geography of displacement
- Fars sources dispute Trump claims on proposed Iran agreement
- Israel Is Arming ISIS Linked Gangs With Military Drones To Help Carry Out Further Ethnic Cleansing In Gaza
- Congress quietly moves to integrate US and Israeli militaries
- Israel Relaunches, Rebrands Online Propaganda Campaign
- German politician blasts ‘totalitarian madness’ of sanctions on pro-Palestinian journalist
- Avoiding Catastrophic Failure in Cuba
If Americans Knew- ‘A War Criminal Admitting to His Crimes’: Netanyahu Says He Ordered Military to Seize 70% of Gaza
- Pro-Israel cash goes undercover as US voters turn against Israel
- Trump pal funneled millions of Israeli gov’t cash into US media
- ‘My only “crime” was being a doctor’: Dr. Ahmad Mhanna on his 22 months in Israeli detention
- “We’ll start with 70%”: Israel plans to take over more of Gaza – Daily Update
- In the epicenter of Lebanon’s legacy of conflict with Israel lies Palestine – Two Articles
- U.S. bears brunt of Israel’s missile defense, Pentagon assessments show
- Joe Kent’s Memorial Day Speech on Israeli influence over the U.S. and the Executive branch
- UN Adds Israel to Blacklist of Perpetrators of Sexual Violence in Conflict Zones, Ambassador Says
- Israel Relaunches, Rebrands Online Propaganda Campaign
No Tricks Zone- A Grand Solar Minimum Has Arrived…Global Cooling Of At Least 1°C Is Expected By The 2030s, 2040s
- European “Expert Commission” Urges COVID-19-Like Global Climate State Of Energency!
- Real-World Observations Do Not Support The Position That Climate Change Is Human-Caused
- Germany’s AfD Party Calls Debunked Climate Scenarios “Greatest Fraud In Human History”
- Researchers Find Rapid Global Warming Phase At End Of Last Ice Age (Ca.18,000 Years Ago)
- Even The DNA Of Single-Celled Plankton Can Upend Alarmist Arctic Sea Ice Melt Claims
- Scandal: Although Climate Panic Is Canceled By IPCC, Europe’s Policymakers Continue With Their Crushing Policies
- How Once Hardcore Climate Alarmist Lucy Biggers Realized It Was All A Scam, Brainwashing
- German Expert: “No Climate Crisis” …”Warming Generally Better For Humanity”
- New Paleo Research: Modern ‘Climate Change’ Has Had No Apparent Impact On Precipitation Patterns
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment