The Danish High Court does not believe that Amnesty International Denmark, Oxfam Denmark, ActionAid Denmark and Al-Haq have a legal interest in bringing a case about Danish arms exports to Israel before the Danish courts. The organizations are appealing the case to the Supreme Court.

The Danish High Court finds that Amnesty International Denmark, Oxfam Denmark, ActionAid Denmark and the Palestinian human rights organization Al-Haq have no legal interest in having their claim that the Danish state violates international law because it allows the export of weapons parts to Israeli F-35 fighter jets that bomb civilians in Gaza tested. The organizations do not agree with this decision and will appeal the case to the Danish Supreme Court because of its fundamental importance.

"Arms exports are a human rights issue, and our legal interest is clear. If we, as human rights and humanitarian organizations seeking to uphold Denmark’s obligations under the Arms Trade Treaty in relation to the bombings in the Gaza cannot challenge in court the legality of the Danish government's decisions to supply weapons to Israel when, as reported by UNICEF, at least 15,600 Palestinian children have been killed since October 2023 - who does? Our fight for justice and accountability will not stop here," says Vibe Klarup, Secretary General of Amnesty International Denmark.

Oxfam Denmark's Secretary General Lars Koch adds:

“The international rules-based co-operation is being laid to rest these months. Today's decision by the High Court is a nail in the coffin. Oxfam has 41 staff and many partners in Gaza who are fleeing war on a daily basis and risking their lives to help a population under maximum pressure from war and Israel's blockade of aid into Gaza. On behalf of our staff, partners and ordinary people in Gaza who face daily bombardment, we will appeal this decision.”

The Secretary General of ActionAid Denmark Tim Whyte calls it untenable that the government is working against a clarification in the courts.

"The High Court's decision means that it is the government itself that decides whether it complies with the international treaties and agreements that Denmark has signed. The government denies that Danish arms exports are in conflict with Denmark's international obligations, and it has worked purposefully to ensure that we as civil society should not be able to have the case tried in the courts. This is unsustainable, and therefore we are proceeding to the Supreme Court."

The Palestinian organization Al-Haq asks who can represent the victims of the crimes in Gaza if civil society organizations cannot?

“If civil society organisations—who are at the forefront, directly engaging with victims—are denied legal standing, then the question must be asked: who will step up to represent the victims? Who will advocate for their rights? We are not dealing with ordinary crimes here; these are international crimes. States have a fundamental obligation to uphold international law. This ruling is a setback, but it will not deter us. We will appeal this decision to the Supreme Court and continue to fight for the victims, their rights, and for justice. The ongoing genocide in Gaza demands accountability. We must hold states responsible for contributing the very weapons and component parts which enable Israel to carry out mass atrocity crimes,” said Shawan Jabarin, General Director of Al-Haq.

Denmark is committed to complying with the EU Council's Common Position on Arms Exports and the UN Arms Trade Treaty, which states that states must stop arms exports to a country if there is a clear or present risk that the exports will be used to commit human rights violations or breaches of international law.

The four organizations therefore believe that there is a clear risk that Danish-produced weapons equipment could be used to commit serious crimes against civilians in Gaza. In doing so, Denmark violates international rules on arms trade and risks being complicit in violations of international humanitarian law - including international crimes.

Danish weapon parts are used in F-35 fighter jets bombing civilians in Gaza

For several years, Danish authorities have given permission for Danish companies to export weapon parts for F-35 fighter jets through a US-led defense cooperation without making specific assessments of the risk of whether the weapon parts may contribute to war crimes in the country receiving the fighter jets. The United States sells some of the finished fighter jets to Israel.

The Danish media outlets Information and Danwatch have uncovered how Israeli F35 fighter jets, including Danish weapons parts, have been used in bombardments in Gaza.

Based on their research, the UN and human rights organizations - including Amnesty International and Al-Haq - conclude that Israel is committing international crimes.

Similar lawsuits are underway in the Netherlands and the UK, where civil society organizations have also filed lawsuits against their states because they believe that international rules on arms exports are being violated by countries contributing weapons and weapons equipment to Israel's warfare in Gaza.

For further information, please contact:

Malene Haakansson, pressechef, Amnesty International Danmark

Mobile: +4525652085/+4525652075

Ole Damkjær Nielsen, press officer at Mellemfolkeligt Samvirke

Mobile: +4520860302

Background

In the spring of 2024, Amnesty International Denmark, ActionAid Denmark, Oxfam Denmark and the Palestinian human rights organization Al-Haq sued the Danish state.

The defendants are the Ministry of Foreign Affairs and the Danish National Police. Through their risk assessments, the Ministry of Foreign Affairs determines whether there is a risk that weapons and weapons components can be used to violate human rights and international law, including the targeting of civilians. It is the Danish National Police that gives Danish companies the final authorization or rejection for export.

The UN Arms Trade Treaty (ATT) obliges Denmark to assess whether the export of arms can be used for human rights violations or violations of international humanitarian law.

At EU level, Denmark is committed to the Council Common Position 2008/944/CFSP, which sets legally binding criteria for arms exports, including a requirement to assess the risk that the arms may be used for internal repression or human rights violations.

There is massive evidence of war crimes committed by Israel in Gaza. Both Amnesty International and Al-Haq have documented crimes committed against Palestinian civilians.

The International Criminal Court (ICC) has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for war crimes and crimes against humanity.

The International Court of Justice, ICJ, has found it plausible that Israel is committing genocide and has adopted provisional measures to prevent this.