Denmark’s Supreme Court blocks lawsuit over arms exports to Israel

Denmark’s Supreme Court has dismissed a case brought by human rights groups challenging the country’s export of military components to Israel’s F-35 programme, ruling that the organisations lack legal standing to pursue the claim, DR reports.

The decision on Wednesday prevents Amnesty International Denmark, ActionAid Denmark (Mellemfolkeligt Samvirke), Oxfam Denmark, and the Palestinian organisation Al-Haq from proceeding with their lawsuit against the Foreign Ministry and National Police. The groups had argued that Danish authorities failed to assess whether the exported equipment could be used in war crimes during bombardments in Gaza.

A five-judge panel unanimously concluded that the organisations were not “concretely and individually affected” by the export licences in question. The Supreme Court also rejected the case of a Danish citizen of Palestinian origin whose nephew was killed in Gaza, ruling that he too lacked standing as a plaintiff.

The NGOs had contended that Denmark’s approval of technology transfers to the F-35 programme—used by Israel in its military operations—violated international obligations. They argued that authorities did not conduct specific risk assessments for potential misuse in Gaza and that the exports should be halted due to the clear risk of complicity in war crimes.

In April 2023, the Eastern High Court reached the same conclusion, blocking the case on identical grounds. The Supreme Court’s ruling on Wednesday affirms that decision.

Lawyer Emil Kiørboe, representing three of the NGOs, had previously described the case as “of significant societal importance.” The groups expressed disappointment in a joint statement, calling on politicians to “shoulder the political and ethical responsibility” to ensure compliance with legal obligations, particularly given the ongoing bombardment of Gaza and what they termed Israel and the US’s “illegal war in the region.”

National Police and the Foreign Ministry had argued in court that there was no evidence linking the contested export licences to events in Gaza. The Supreme Court’s ruling stated that the plaintiffs had not demonstrated a “direct and concrete connection” between the permits and the situation in Gaza.