Danish Arms and Palestine

Legal proceedings in Denmark, in the context of the situation in Palestine, are seeking to halt the transfer of arms under the F-35 fighter jet programme, including parts and components, to Israel on the grounds of their potential use in the commission of war crimes and contribution to what plausibly amounts to genocide. The application states that direct or indirect transfers of Danish weapons components and other military equipment to Israel are in violation of the ATT and the EU Common Position, which “clearly state that member states are obligated to deny arms exports if there is a clear risk that the weapons or weapons components are used to violate international law”.

 The case was registered with the court in Denmark on 3 April 2024. The hearings took place on 25-28 February 2025. On 11 April 2025, the Danish High Court dismissed the case, finding that the claimants did not have the required legal interest (retlig interesse)*. As a result, the claim regarding a suspensory effect (so that arms exports to Israel cannot take place while the case is pending) was not assessed. The claimants have appealed the decision, and the case is scheduled to be heard in the Supreme Court in March 2026.

*The Danish legal concept of ‘retlig interesse’ encompasses aspects of legal standing and legal interest that requires organisations and individuals who seek to challenge Government decisions to show that they are directly, individually, and considerably affected by the decision in question, in order for the case to proceed to the main hearing stage. This means showing the type of organisation that Oxfam Denmark is and how its work has been affected in Gaza.