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Danish Arms and Palestine

Jurisdiction

Denmark

Locale

Armed Conflict in Palestine

Recipient State

Israel

Status

Ongoing

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 a plausible genocide. The application states that direct or indirect transfers of Danish weapons components and other military equipment 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. It is being considered in parallel with a separate lawsuit from a Danish-Palestinian national who lost their family in Gaza on the question of legal interest*. The hearings are scheduled for 25-28 February 2025. Two key legal aspects will be addressed: 1) whether the plaintiffs have the legal standing to bring the case to court; and 2) claim about a suspensory effect (so that arms exports to Israel cannot take place while the case is pending). If the court finds no legal standing, the suspensory effect claim will not be assessed.

*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.  

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, particularly 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 challenges Denmark’s commitment to human rights and international peacekeeping efforts, calling for immediate action, which can be seen as particularly relevant 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 suspensory 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, particularly with respect to human rights and international humanitarian law. This includes denying an export if there is a clear risk that it might be used: for internal repression; in the commission of serious violations of international humanitarian law; or aggressively against another country or to assert by force a territorial claim. Denmark’s obligations under the Arms Trade Treaty require an assessment of the risks that the items to be exported could be used to commit or facilitate a serious violation of international humanitarian or human rights law. 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 international humanitarian law 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 international humanitarian law.  

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

The current stage of the hearing is dealing with the matter of standing since the legal interest of all claimants is being challenged by the Attorney General of Denmark.

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). 

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.

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.

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 on 3 April 2024. It is being considered in parallel on the question of legal interest with a separate lawsuit from a Danish-Palestinian national who lost their family in Gaza. The hearings are scheduled for 25-28 February...

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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