An independent commission of experts from the UN Human Rights Council stated today that Israel is committing genocide in Gaza. According to the researchers, four out of the five crimes listed in the Genocide Convention have been identified: killings, causing serious bodily or mental harm, deliberately inflicting conditions of life calculated to bring about physical destruction, and imposing measures intended to prevent births.
This is not the first time independent investigators have concluded that genocide is occurring in Gaza. A few weeks ago, an international organization of genocide scholars reached the same conclusion. Human rights organization Amnesty International also found in December 2024 that Israel is committing genocide in Gaza. Nearly a year earlier, in January 2024, the International Court of Justice (IJC) already deemed genocide in Gaza “plausible.” From that moment on, it was clear to everyone that – at the very least -genocide was threatening Gaza.
What does it mean when the world’s highest court considers genocide “plausible”? Even if genocide is only threatened, signatories to the Genocide Convention – including the Netherlands – are legally obligated to act. The convention requires states to do everything reasonably possible to prevent or stop this ultimate crime. However, the Dutch government has done far too little.
Recognition of the facts is the first step. Despite mounting evidence, the Dutch cabinet continues to refuse to acknowledge that genocide is taking place, deferring judgment to the ICJ – a process that could take years. For example, the genocide in Srebrenica (1995) was only legally confirmed in 2001, six years after the fact. Similarly, the Rwandan genocide (1994) was not formally recognized until 1998. By then, the damage had long been done.
The Dutch government repeatedly hides behind the argument that no international court has yet ruled that Israel is committing genocide. This is remarkable, as the Netherlands has recognized genocide in the past without waiting for a court ruling – such as when the Islamic State attacked the Yazidi population in Iraq. The Netherlands also joined Gambia’s genocide case against Myanmar in 2023, demonstrating its willingness to act on genocide allegations.
Dutch inaction contradicts legal advice. A key government legal advisory body, the Advisory Committee on Issues of Public International Law (CAVV), has stated that governments do not need to wait for a court ruling to recognize genocide. Instead, it is the responsibility of states to determine whether genocide or crimes against humanity are being committed. Other leegal experts agree.
The Netherlands must act now. While the government acknowledges its obligation to prevent genocide, its actions remain insufficient. Recently, the Netherlands announced restrictions on trade with illegal settlements—a step in the right direction, but far from enough. For nearly two years, PAX and others have called for stronger measures against Israel to stop the genocide, including:
- A full arms embargo to prevent weapons from being exported to or through the Netherlands to Israel, and to stop purchasing Israeli weapons tested on Palestinians.
- Placing responsible Israeli ministers and military officials on sanctions lists.
- Implementing broader economic measures against the occupation, genocide, and apartheid, such as suspending the EU-Israel Association Agreement.
Selective application of international law undermines its value. The Netherlands has a legal and moral duty to act. The government must do much more to uphold international law and prevent further atrocities.
