International human rights organizations in collaboration with pro-Palestinian legal groups have recently been trying to change the policies through legal petitions of Denmark and the UK - two of the few major European countries that have not yet announced an arms embargo on Israel. While the Danish parliament had previously resolutely rejected a proposal to stop the export of arms and spare parts to Israel, in the UK, the new Labor government indicated that it is considering imposing a ban on the sale of arms to Israel in the coming days.
The petitions are part of a legal battle waged by pro-Palestinian and human rights organizations in Europe against Israel since the outbreak of the war in Gaza. The prominent organizations active in the struggle in Europe are Al-Haq, Amnesty, Oxfam and Human Rights Watch. Local pro-Palestinian organizations.
The initial achievement of this alliance was a ban imposed by a Dutch court last February on the supply of spare parts for F-35 aircraft from military warehouses in the country to Israel, due to concerns that this would "put the Netherlands at risk of responsibility for committing war crimes in Gaza."
In France, a legal coalition in which some of these organizations are members succeeded in June, through a ruling by a local court in the provincial town of Bobigny, to prevent the entry of anyone connected to Israeli defense industry companies to the Eurosatory weapons exhibition.
"Israel has the right to defend itself"
While Italy, Spain, Belgium and other countries voluntarily announced the suspension of defense exports to Israel due to the war, several countries on the continent took a different line. The Danish government has demonstrated a relatively pro-Israeli policy since the beginning of the war, among other things ,due to the purchase of advanced weapons systems from Israel in the past year and the Scandinavian country's close ties with the US.
Prime Minister Mette Frederiksen and Foreign Minister Lars Lokke Rasmussen repeated stated publicly that Israel "has the right to defend itself." Frederiksen even came to the defense of the Jewish community in the country after some pro-Palestinian demonstrations turned became anti-Semitic.
At the end of May, the Danish Parliament rejected by a large majority (84 to 11) an opposition proposal to halt the export of arms and security equipment to Israel. In Denmark, it is mainly about parts for F-35 aircraft that are produced in the country, and which have been exported to the Israel Air Force in recent months.
A previous petition by the organizations in Denmark was rejected, but in recent days a petition was submitted to a civil court in Copenhagen, in which it is claimed that the continued export of parts for the F-35 aircraft operated by the Israeli Air Force may "cause Denmark to take part in the commission of war crimes, contrary to its international obligations."
The petitioners are asking for the court to prevent this. Foreign Minister Rasmussen responded strongly to the petition again, saying that the country's courts "have no mandate" to determine whether the export of this or that part is a legitimate government activity or not. "Denmark is not to blame" for exporting weapons that violate international law, Rasmussen clarified.
Challenging the Danish government's position, Amnesty, according to a report on the petition in the Danish newspaper "Politiken", claims that the Danish courts can and should verify that the government's policy is "in accordance with international law". The legal position of the Danish government is that the organizations have no right to sue it in courts. The Ministry of Foreign Affairs, one of the defendants, asks that the court dismiss outright the lawsuit filed in recent days.
Testimonies from Gaza on the petition against arms exports
In the UK, the four prominent organizations active on the matter in Europe were joined by the Global Legal Action Network in a petition to the Supreme Court, asking that the government stop all military exports to Israel. Similar to the petition in Denmark, it is also a demand to stop the export of spare parts and F-35 parts, due to allegations of "war crimes and violation of international law" in Gaza.
"The Guardian" reported on Tuesday that the organizations are expected to present to the court testimonies from Western doctors who were in Gaza as well as from local families affected by the air force bombings.
The petitioners are seeking an immediate halt to British exports, which have anyway reportedly been reduced to just defense equipment worth a few millions of pounds, compared with much larger amounts in the past. The petition is expected to be heard between October 8 and 10.
A government decision could precede the court hearing. British Foreign Minister David Lammy, who has visited Israel several times since his appointment to the position last month, said that he had initiated a "new legal investigation" that would examine whether Israel is actually committing or is suspected of committing war crimes as part of its war in Gaza. He told the media that he did this on his first day in office in early July.
A positive answer to this question could lead the British government to immediately declare an arms embargo.
Various reports in the last few weeks in the UK media revealed that in several cases the British Ministry of Trade has already frozen arms export requests on the grounds that "the issue is under consideration." However, the British government has stated in recent days that "there is no change in the export policy towards Israel."
Published by Globes, Israel business news - en.globes.co.il - on August 22, 2024.
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