International law experts have told the Dutch Parliament that the Netherlands has a duty to prevent genocide, especially given its close ties with Israel. This obligation stems from the genocide convention, which mandates action when there is a serious risk of genocide.

Associate Professor Marieke de Hoon and Professor Geert-Jan Knoops addressed the Foreign Affairs Committee of the Dutch House of Representatives, emphasizing the “obligation of effort” for treaty states like the Netherlands. Knoops highlighted that the International Court of Justice acknowledged a “real risk of irreparable harm” in its preliminary ruling regarding the genocide case against Israel.

De Hoon argued that the Netherlands has been falling short of its obligations under the genocide convention due to a lack of serious steps. She specifically recommended that the Dutch government condemn Israel for potentially committing genocide, impose sanctions and trade restrictions, stop arms exports to and imports from Israel, and join South Africa’s genocide case.

Knoops pointed out that treaty states have a “prevention duty” to act as soon as they know or should know of a serious risk, referencing a 2007 ruling in the Bosnia v. Serbia case. He stressed that this duty requires both legal and political consideration, where more severe measures may be necessary in cases of structural violence.

De Hoon emphasized that the International Court of Justice’s preliminary ruling on January 26 triggered a “legally binding duty” for the Netherlands and other treaty countries to take action. She also stated that the good relationship between the Netherlands and Israel places “more extensive obligations” on the Netherlands compared to other countries.

While Knoops and De Hoon differ on whether Israel is currently committing genocide, De Hoon argued that the situation in Gaza meets almost all factors of the definition of genocide. She cited dehumanizing speeches, systematic approaches, attacks on civilians and hospitals, blocking of humanitarian aid, impunity of perpetrators, and destruction of evidence as evidence.

Professor Martijn Eickhoff, director of the NIOD, clarified that the term “genocidal violence” is a vital concept for understanding certain forms of mass violence against specific groups.

De Hoon cautioned against focusing too much on whether genocide is occurring in Gaza, stating that the international community has a duty to prevent war crimes and crimes against humanity regardless. Knoops cautioned against using the term genocide lightly, due to its legal weight and serious implications for the country and its population.