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Court throws out lawsuit on Danish arms sales to Israel
Copenhagen, April 11 (AFP) Apr 11, 2025
A Copenhagen court on Friday rejected a lawsuit filed by four humanitarian organisations accusing Denmark of violating international law by exporting weapons to Israel.

The Palestinian human rights association Al-Haq, Amnesty International, Oxfam and ActionAid Denmark said they would appeal the decision to Denmark's Supreme Court.

"As human rights organisations... if we cannot try this case, then there is no one in Denmark who would be granted a legal interest," Tim Whyte, the secretary general of ActionAid Denmark, told AFP.

The four organisations had filed their lawsuit against the Danish foreign ministry and national police last year.

They argued there was a risk that "Danish military materiel (F-35 components) was being used to commit serious crimes against civilians in Gaza".

Danish media outlets Danwatch and Information revealed in 2023 that Israel's F-35s were equipped with parts made by the Danish group Terma.

In a ruling seen by AFP, the Eastern High Court wrote that the plaintiffs in the case "cannot be considered to be affected in such a direct, individual and concrete manner that they meet the general conditions of Danish law regarding their right to bring proceedings".

Whyte said the ruling meant that "there is no one that can test the legality of the government's commitments to international conventions in this case."

"We feel that is a very dangerous precedent."


- In line with 'obligations' -


"Arms exports are a human rights issue, and our legal interest is clear," the secretary general of the Danish branch of Amnesty International, Vibe Klarup, said in a statement.

In their lawsuit, the associations targeted the foreign ministry, since it "determines whether there is a risk that weapons and weapons components could be used to violate human rights", as well as the police, because it was the authority responsible for issuing export licences.

"Denmark's position on export control, also in relation to the F-35 programme, is in accordance with applicable EU and international law obligations," the Danish foreign ministry told AFP in an email.

But Whyte said the court ruling should be seen in light of the major geopolitical changes under way at the moment.

"European countries are concerned about their national security," he said, adding that defence cooperation "is a question on all politicians' minds, legitimately".

That should be reason enough for the courts to examine their lawsuit, he said.

"What the arms convention (Arms Trade Treaty) shows us quite clearly is you cannot have arms agreements and commitments and trade together with countries that do not respect international law," he said.

The Danish lawsuit was filed in March 2024, on the heels of a similar suit filed in the Netherlands by a coalition of humanitarian organisations.

A Dutch court in December rejected demands by pro-Palestinian groups for a total ban on exporting goods to Israel that can be used for military means.


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