CIVICUS speaks with Vibe Klarup, Secretary General of Amnesty International Denmark, about the joint civil society lawsuit brought against the Danish state to stop Danish arms exports to Israel.
Established in 1964 and with 65,000 members, Amnesty International Denmark advocates for a fairer world where every person enjoys freedom and dignity.
Why has Amnesty International Denmark sued the Danish state?
For quite some time, Amnesty International Denmark has focused on pressuring the Danish government to take decisive action to halt the appalling atrocities being committed against civilians in Gaza. We urged it to use every means possible to quell these atrocities and prevent their escalation and spread. We engaged in extensive debates, exploring various avenues of action that could be pursued. We advocated for a ceasefire and for measures to be enacted through our national parliament and the European Union (EU). And we specifically scrutinised arms exports to Israel. But despite our efforts, we unfortunately didn’t succeed in persuading our government to halt arms transportation to Israel.
After months of debate, we made the unprecedented decision to pursue legal action against the Danish National Police and Ministry of Foreign Affairs. This is a step we had never taken before and is uncommon in Danish society. But the severity of the situation in Gaza, which we firmly believe comprises serious violations of international humanitarian law, compelled us to act.
In this endeavour, we partnered with two other Danish organisations, ActionAid Denmark and Oxfam Denmark, as well as a Palestinian one, Al Haq, which operates directly on the ground in Gaza and provided us with a tangible connection to the situation in real time. The four of us collaborated to leverage our collective strengths and put together a team of lawyers that we entrusted with handling the legal proceedings on our behalf.
Did the court judgment civil society recently achieved in the Netherlands have any influence on your decision to sue the Danish state?
Several factors led us to our decision to pursue legal action against the Danish state. First, our own investigations and reports from Gaza provided solid evidence of the bombings and killings taking place. The pronouncement by the International Court of Justice, indicating the possibility of genocide, underscored the gravity of the situation and the need for states to avoid complicity in such atrocities.
But in deciding how to do it, the ruling the Hague Court of Appeal issued in mid-February was pivotal. This court ruling ordered the Dutch government to stop exporting parts for the Lockheed Martin F-35 Lightning II to Israel, citing risks of serious violations of international humanitarian law if the aircraft were used for airstrikes in Gaza. It highlighted the direct risk of contributing to the violation of international humanitarian law entailed by continuing exports of weapons to Israel.
The Dutch ruling demonstrated the potential legal ramifications and underscored the urgency of addressing the issue. Although the legal landscape in Denmark differs from that of the Netherlands in that there is a higher threshold for legal action, we believe we have a strong case. Extensive research and analysis have led us to this conclusion, and we are committed to pursuing justice through the legal avenues available.
What’s the legal base for your case against the Danish state?
The case highlights the international agreements and legal frameworks concerning the international arms trade the Danish state has ratified, specifically the United Nations Arms Trade Treaty and the EU Common Understanding of Arms Export, which are binding agreements that set standards for responsible arms transfers.
Moreover, Denmark’s domestic legislation, and specifically its law on weapons, includes a clause that generally prohibits the export of weapons without proper licensing – and there are specific procedures for obtaining such licences. This legal framework forms the basis of our argument. We claim that the Danish state is in violation of these agreements and laws.
Importantly, we are not alleging genocide or direct violations of international humanitarian law. Rather, our case revolves around the assertion that Denmark’s actions pose a direct risk of such violations. This is supported by evidence from journalists who have documented Danish arms components being present on planes involved in bombings in Gaza. While this doesn’t definitively prove complicity, it highlights the potential risks associated with Denmark’s arms exports.
In essence, we seek to hold the Danish state accountable for these risks and ensure adherence to international agreements and national laws governing arms trade.
How has the legal case unfolded so far, and when is a ruling expected?
Given the way the Danish system works, it might take years to have a final decision. Meanwhile, we are seeking a suspension of arms exports during the legal proceedings, on account of the gravity of the situation in Gaza. It would be unconventional for a Danish court to grant such a suspension, but the circumstances make it an argument worth considering.
As for next steps in the legal process, it is expected that the government will review the lawsuit and provide a formal reply within the next few weeks. The initial hurdle will be for the court to determine whether the claimants have standing to bring forth the case against the Danish state.
We held a press conference to announce the lawsuit and launch a crowdfunding campaign to cover legal expenses. The speed at which the required funds were raised demonstrated there is significant support for this cause among the public. Obviously, many people are eager to see tangible action being taken to address the situation in Gaza, amid growing frustration with politicians’ perceived inaction.
The outpouring of support from citizens and broader civil society underscored the importance of our efforts and the widespread recognition of the need for justice.
Civic space in Denmark is rated ‘open’ by the CIVICUS Monitor.
Get in touch with Amnesty Denmark through its website or Facebook and Instagram pages, and follow @amnestydk and @VibeKlarup on Twitter.
