Dutch legal experts have advised the Dutch Parliament that the Netherlands has a duty to prevent genocide, potentially requiring stronger action against Israel given their close ties. This advice comes amidst the ongoing conflict in Gaza and South Africa’s genocide case against Israel at the International Court of Justice (ICJ).
Marieke de Hoon and Professor Geert-Jan Knoops stressed that the genocide convention places an ‘obligation of effort’ on treaty states like the Netherlands, especially when close political and economic ties exist with the ‘alleged perpetrator state’. De Hoon urged the Netherlands to condemn Israel, implement effective measures, join South Africa’s case, halt arms exports and imports, and impose sanctions.
While the ICJ acknowledged a ‘real risk of irreparable harm’ in its preliminary ruling, it did not determine whether genocide was occurring or ‘plausible’. Knoops emphasized that the Netherlands has a ‘duty of prevention’ as soon as a state knows or should know of a serious risk. He cited the ICJ’s 2007 ruling in the Bosnia v. Serbia case, stating that prevention begins with foreseeability.
De Hoon argued that the Netherlands is ‘evidently’ failing to comply with the genocide convention due to a lack of serious action. She believes the situation in Gaza meets almost all factors of the definition of genocide, citing dehumanizing speeches, systematic approaches, attacks on civilians and hospitals, blocked aid, impunity for perpetrators, and destruction of evidence. De Hoon derives intent from politician statements and past policies against Palestinians.
The experts presented differing views on whether Israel is currently committing genocide. Knoops argued that genocide is a heavily laden term requiring proof of intent to destroy, while De Hoon contended that intent can be derived from actions and statements.
De Hoon cautioned against focusing solely on the term genocide, noting the international community’s broader duty to prevent war crimes and crimes against humanity. Knoops warned against lightly using the term genocide due to its legal weight and stigmatization.
Professor Martijn Eickhoff, director of the NIOD Institute for War, Holocaust and Genocide Studies, clarified his label for events in Gaza as ‘genocidal violence,’ emphasizing its importance in naming and interpreting mass violence against specific groups.
Although Amnesty International and Human Rights Watch (HRW) have issued reports relevant to the discussion, there is a distinction in international law between their conclusions and a formal determination of genocide.