The non-governmental organizations PAX, Stop Wapenhandel (a research and campaign organization against arms trade) and the Dutch Section of the International Commission of Jurists (NJCM) recently went to the court because they deemed an arms delivery to the Egyptian Navy, worth 34 million euros, too big of a risk for human rights in Egypt and Yemen.

The court, however, ruled that only arms suppliers themselves may challenge arms trading permits, sidelining other interest groups.

Human rights implications

The permit to sell 34 million euros' worth of arms to Egypt was awarded by the Dutch government to a Dutch company, but the organizations say the government did not sufficiently examine the possible human rights implications before the permit was given.

Among other things, the organizations are worried about the use of the supplied arms by the Egyptian Navy in the blockade of Yemen, which causes gross human rights violations.

'Directly and individually affected'

In its judgment, the court determined that interest groups may not challenge a permit because they are not "directly and individually affected" by the trade, as specified by the Community Customs Code (and from May 1, 2016, the Union Customs Code).

By introducing the EU regulations in 2014, the Dutch government rendered Dutch law inoperative, according to the court. Where previously interest groups did have the opportunity to challenge permits, that right is now only reserved for weapon traders themselves.

'Sidelined'

The organizations are stunned by the court's conclusions. Lawyer Jelle Klaas believes the decision goes against the true intention of the country's lawmakers:

"Peace and human rights organizations are being sidelined. Only arms traders would be able to litigate on arms deliveries to states that violate human rights. There is no one who could challenge weapons export out of humanitarian interest. This cannot possibly be the intention of the Dutch lawmakers."

PAX, Stop Wapenhandel and the Dutch Section of the International Commission of Jurists are considering further legal action.

Read here the press release of the court and judgment (in Dutch).