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Danish Arms and Palestine

Jurisdiction

Denmark

Locale

Armed Conflict in Palestine

Recipient State

Israel

Status

Ongoing

Legal proceedings in Denmark are seeking to halt the transfer of arms, including parts and components, to Israel due to their potential use in the commission of war crimes and contribution to a plausible genocide in Gaza. The application states that direct or indirect transfers of Danish weapons, components and other military equipment to Israel are in violation of the Arms Trade Treaty (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 and it is expected that it will take some months before the Attorney General responds to the application. It is not unfeasible, that despite the urgent nature of the case, a ruling could take years.    

Case Analysis

The lawsuit filed by Amnesty International Denmark, Oxfam Denmark, MS Action Aid Denmark, and Al-Haq against the Danish Ministry of Foreign Affairs and the Danish National Police focuses on Denmark's alleged violation of international arms export obligations.

The organisations assert that Danish military equipment, including weapon parts for F-35 fighter jets, may be contributing to potential war crimes in Gaza. They seek to halt arms exports to Israel to protect civilians and prevent Denmark from contributing to violations of international law. The case references Denmark’s commitment to human rights and international peacekeeping efforts, calling for immediate action, which is of particular relevance due to Denmark’s recent pursuit of a seat on the UN Security Council, where it states that its commitment to international and humanitarian law is a guiding principle for the country’s candidature.   

In addition, the organisations have made a suspensive appeal arguing that the court must make a decision as quickly as possible due to the fact that Danish weapons and weapon components are likely used to violate international law in the ongoing war in Gaza. Similarly, the organisations have asked for the case to be tried at the appellate court rather than in the first instance court to ensure that the process is as efficient as possible.    

The Danish Weapons Act prohibits the export of weapons or arms equipment without a licence from the Ministry of Justice. Additionally, the authority for granting export licences has been delegated to the Danish National Police since 2018. The case challenged adherence to EU rules on arms exports, including the Common Position, which provides legally binding criteria for assessing export licences, which include ensuring that the exports do not contribute to internal repression, violations of international humanitarian law, or international aggression. Moreover, Denmark’s obligations under the Arms Trade Treaty further require assessing risks that conventional arms or items could be used to commit or facilitate serious violations of international humanitarian law (IHL). Export authorisation must be denied if there is an overriding risk of such adverse effects.   

Finally, the case addresses the risk of potential violations of IHL and the Genocide Convention, which imposes obligations on states to prevent genocide and to ensure respect for international law, including ensuring that military technology or equipment exported to Israel does not contribute to serious violations of IHL.  

The case is filed by Amnesty International Denmark, Oxfam Denmark, MS ActionAid Denmark, and the Palestinian human rights organisation Al-Haq.

To get in touch with the claimants and their legal representatives, please see here.

Themes

i

Transparency may be in question due to the potential lack of a clear thorough and public assessment of the risks involved in granting arms export licences to Israel. There may also be concerns about the transparency of the decision-making process and the data considered when evaluating export applications. 

Read more about the issue of transparency in other jurisdictions

Matter not yet arisen in proceedings.

Read more about standing across all cases

The plaintiffs argue that the court has the authority to rule on the case and that the case requires urgent judicial intervention despite the fact it involves issues with a political dimension (e.g. foreign policy decisions).  However, the matter has not yet arisen in proceedings. 

Read more about the issue of justiciability in other jurisdictions

The case involves interpreting and applying Denmark’s obligations under international law, including those under the EU Common Position, the Arms Trade Treaty, and other international agreements. However, the matter has not yet arisen in proceedings.

Read more about the applicability of international and legal instruments across the challenges

The case raises questions about the appropriate remedy if Denmark is found to have violated its international obligations. This should involve the revocation of extant licences and licence applications currently under consideration or other measures to prevent further violations. However, the matter has not yet arisen in proceedings.

Read more about whether claimants have been granted remedy in other jurisdictions

Cases

Case status

Ongoing

Lawsuit against the Ministry of Foreign Affairs and the National Police in Denmark

Explore case

This lawsuit was filed against the Ministry of Foreign Affairs and the National Police in Denmark for failing to comply with Denmark’s obligations under domestic and international law by allowing arms exports to Israel. The case was registered with the court in Denmark, and, as of April 2024. it is expected that it will take some months before the Attorney General responds to the application. It is not unfeasible, that despite the urgent nature of the case, a ruling could take years....

Key Case Documents

View all case documents

Timeline

FILTERS

03 Apr 2024

Challenge 1

Case registered with court in Denmark.

Contact & More Information

If you would like to know more about this case, please get in touch with our primary contact Jonas Devantier (Oxfam Denmark) by email. 

Find out more about the work of the Plaintiffs at their websites: 

Amnesty International Denmark

Oxfam Denmark

MS ActionAid Denmark

Al-Haq

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