Dutch state in court over arms exports to Egypt

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November 9, 2021
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On Tuesday, November 9, 2021, the Dutch State will stand before the court in summary proceedings on arms exports to Egypt. The case was brought by the peace and human rights organizations PAX, Stop Arms Trade and the Dutch Legal Committee for Human Rights (NJCM). The NGOs have started an emergency procedure to immediately stop arms exports to Egypt. Despite alarming reports about the situation in Egypt, the Netherlands has issued several arms export licenses for arms supplies to Egypt in the past year. In doing so, the State is acting in violation of national and European law and the Arms Trade Treaty. With this lawsuit, the plaintiffs make known the seriousness of the situation.

Egypt violates human rights on a large scale
The aim of the case is to stop arms exports to Egypt. “Egypt is ruled by a general with a very poor human rights record,” says Wendela de Vries, coordinator at Stop Arms Trade. “That is not something the Netherlands should want to supply weapons to.” The government recognizes the seriousness of the situation in Egypt, but believes that the Egyptian navy “is not involved in human rights violations.” Supplying weapons to the navy can therefore continue as usual for the Netherlands.

De Vries dismisses this reasoning as “nonsense.” This is because the navy is an integral part of the Egyptian armed forces, and thus of the military dictatorship responsible for human rights violations. “Moreover, these weapons for the Navy can also be used in human rights violations and repression of the Egyptian people.” The repression and disappearance of human rights activists, journalists and political opponents of the government has been the order of the day in Egypt for years.

A matter in the general interest of Dutch and Egyptian citizens
Arms exports that take place in violation of human rights and (inter)national law affect the general interests of peace and security. Compliance with human rights and international rules is not only in the interest of all Dutch citizens, but also of the victims of the Egyptian regime. The plaintiffs’ lawyer, Mr. Jelle Klaas of PILP explains: “Of course it is always important to comply with the rules, but here it takes on an extra dimension. This case is about weapons, not about flower bulbs or bicycle parts. Then it is extra important for the government to check carefully whether human rights are respected in Egypt and, if necessary, to ensure that no exports take place. That is not the case now.”

Plaintiffs ask court to stop arms exports
PAX, Stop Arms Trade and the NJCM have repeatedly expressed their concerns to the government about the export of Dutch arms to Egypt. The concerns about the human rights situation were acknowledged by the Minister of Foreign Affairs. Although he said in recent debate with the House, “When in doubt about human rights, don’t do it,” the government continues to issue arms export permits for Egypt. Anna Timmerman, director of peace organization PAX finds this incomprehensible. “We think it is important that the courts look into arms exports. Because the government does not properly comply with European and international rules on arms exports. The judge is there to enforce international law in necessary cases and to guarantee fundamental rights.” With this lawsuit, the organizations are asking the court to prohibit the State from issuing arms export licenses to all components of the Egyptian armed forces, including the Navy.

Read more about arms exports and human rights here.

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