Through various legal interventions including in Germany and the Netherlands, we have exposed that while European courts may acknowledge these obligations under international law in principle, they are unwilling to enforce them. The Dutch Court of Appeal has even confirmed there was a serious risk of genocide taking place in Gaza, while stopping short of enforcing the clear obligations resulting from such a determination.
In many jurisdictions, such as France, the United Kingdom, and Germany, lawsuits seeking to ban or review arms export decisions are dismissed on procedural grounds. The courts often accept the bureaucratic excuses and regulatory tightropes of European governments – effectively permitting complicity in genocide and war crimes.
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