Oxfam sues the Danish state to stop arms exports to Israel

Oxfam Denmark, Amnesty International Denmark, Mellemfolkeligt Samvirke (Action Aid Denmark) and the Palestinian human rights organization Al-Haq are suing the Danish National Police and the Ministry of Foreign Affairs to stop Danish arms exports to Israel.

There is a clear risk that weapons and military equipment that Denmark, directly and indirectly, exports to Israel will be used to commit serious crimes against civilians in Gaza. In doing so, Denmark violates international rules on arms trade and risks becoming complicit in violations of international humanitarian law - including war crimes – and a plausible genocide.

This is the assessment of four prominent organizations that are now taking legal action to stop Danish exports of weapons and military equipment to Israel. With the lawsuit, the organizations want the courts to assess whether the exports violate the rules on arms trade to which Denmark has committed itself.

”The people of Gaza are starving, hundreds of thousands of people cannot find water, food, medicine, or shelter, 70 percent of all infrastructure has been destroyed in Gaza. Denmark must not supply weapons to bomb civilians. With the trial, we will test whether Denmark respects international law and the values we profess. We cannot ignore clear violations of humanitarian law, war crimes and the warning of a potential genocide,” says Lars Koch, Secretary General of Oxfam Denmark.

”For five months we have been talking about a potential genocide in Gaza, but we have not seen politicians take action. Denmark should not be sending weapons to Israel when there is a reasonable suspicion that it is committing war crimes in Gaza. We need to get the court’s word on Denmark’s responsibility,” says Tim Whyte, Secretary General of Mellemfolkeligt Samvirke, one of the organisations behind the lawsuit.

Denmark has joined both the UN Arms Trade Treaty and the EU Common Rules for Arms Exports, which obliges Denmark to ensure that exports of weapons and military equipment from Danish companies do not risk contributing to violations of international law.

”We have documented several Israeli bombings in Gaza that do not distinguish between civilian and military targets and wipe out entire families. The attacks are disproportionate and in violation of the rules of war. Denmark must in no way contribute to making these illegal attacks on civilians possible. Therefore, we now want the court to assess whether Denmark fulfills its obligations,” says Vibe Klarup, Secretary General of Amnesty International Denmark.

The risk of military equipment being used in violation of the rules of war alone should make the Danish state stop the export in accordance with international law, according to the organizations.

In January, the UN International Court of Justice (ICJ) ruled that it is plausible that Israel is committing potential genocide in Gaza. And recently, a court of appeal in the Netherlands, following a petition from Oxfam Novib, among others, has ordered the Dutch state to stop the export of F-35 fighter jet parts to Israel. Amnesty’s documentation has been used as a basis in these cases.

UN experts have also recently warned that any sale and supply of weapons to Israel that risk being used in Gaza would violate international humanitarian law and must be stopped immediately.

In addition to the three Danish organizations, the Palestinian human rights organization Al-Haq is also involved in the lawsuit against the Danish state. The organization’s documentation has also been used in similar lawsuits.

These are very serious and intensive attacks that are taking place in Gaza, where over 30,000 have been killed and 70,000 injured. Israel refuses to allow the population access to basic needs such as food, water, fuel and medical supplies. We see indescribable suffering for civilians and children, amputations without anesthesia, and mass evacuations to horrific locations. Therefore, Al-Haq urges Denmark to stop arming the atrocities that are taking place and to stop a genocide of the Palestinian people,” says Maha Abdallah, spokesperson of Al-Haq.

The organizations further state that despite massive documentation of Israel’s crimes against Palestinian civilians in Gaza, warnings from internationally recognized experts, the ICJ trial and the court case in the Netherlands, arms exports to Israel continue unabated. Now, therefore, we are using every opportunity in a democratic state governed by the rule of law to uphold international law, humanitarian law and our obligations.

As civil society organisations, we stand up for international law and the international rules and laws that protect civilians and their rights. 

The case is being conducted in Denmark by Kontra Advokater.