NL has a legal duty to prevent genocide, gov’t committee says

The Netherlands has a legal duty to do more to prevent genocide and hold the perpetrators responsible, a new report from a government advisory body has concluded.

The Advisory Committee on Issues of Public International Law (CAVV) said the Netherlands risks being held jointly responsible for genocide if it fails to take stronger action.

The report does not mention Israel and the killing in Gaza specifically, although it does reference the situation there in its footnotes. The committee issued the advice on its own initiative, after the foreign affairs ministry chose not to formally request an opinion earlier this year.

The 153 countries that signed the 1948 Genocide Convention have a duty to act to prevent genocide even before it has been legally confirmed, the committee said.

The CAVV said it wanted to clarify “the legal uncertainty that persists in the political and public debate” around countries’ obligations under the Genocide Convention.

In January 2024, the International Court of Justice ruled that there was at least a serious risk of genocide in Gaza.

“If diplomatic efforts, both publicly and behind the scenes, prove ineffective, the obligation to prevent genocide requires a change of course and increased diplomatic pressure,” the CAVV wrote.

Foreign affairs minister Caspar Veldkamp recently imposed travel bans on two far-right Israeli ministers and summoned the Israeli ambassador. But the CAVV said the Netherlands could go further, for example by recalling its own ambassador for consultations.

Other potential measures include tightening visa rules, revoking airspace access, blocking government contracts, denying entry to specific individuals, halting arms exports, discouraging investment, or suspending agreements containing human rights clauses.

This last measure refers to the EU-Israel association agreement which the Netherlands wants to suspend but there is limited support within the EU for such a step.

Independence

The committee also emphasised that countries must not hide behind collective action by the EU or the United Nations stating that even if a country lacks the power to stop a genocide alone, it is still legally required to make an effort.

A spokesman for the foreign ministry said the government is reviewing the advice and will respond to parliament in due course.

The permanent foreign affairs committee will interrupt the summer recess for a debate on Gaza this Thursday, with Veldkamp expected to face questions on the government’s response to the crisis.