The Netherlands has a legal obligation to prevent genocide
in the media image: Tingey Injury on Unsplash
Nico Schrijver, interim president of the Netherlands Institute for Human Rights and professor emeritus Public International Law, appeared on ‘Nieuwsuur’ following the Institute’s urgent advice on the Gaza conflict. ‘Under international law, the Netherlands is obliged to take active measures in the event of an imminent genocide in Gaza.’
Schrijver said that the Dutch government should take its responsibility in situations where there is a serious risk of genocide or crimes against humanity. He was invited to appear on the current affairs programme in response to the increasing international alarm about the violence in Gaza. Schrijver added that ‘the Constitution requires the Dutch government to promote and maintain the international legal order. The Geneva Red Cross Conventions also require all States Parties to ensure that compliance with international humanitarian law is ensured worldwide and that war crimes and crimes against humanity are prevented.’ The United Nations Genocide Convention is also clear: a party to the United Nations must do everything possible to prevent genocide and to take diplomatic, political or legal action where necessary. Schrijver also strongly condemns the violence and the holding of hostages by Hamas.
According to Schrijver, the Netherlands should take immediate action when there is concrete evidence of an imminent genocide in Gaza. For example, via international pressure, sanctions or backing UN measures. ‘Behind the scenes and in public, we have achieved far too little.’ The Hague has a ‘serious legal obligation. Not only in view of the international courts in The Hague, the city of peace and justice, but certainly also as we are so close to Israel. We won’t achieve this by just naming and shaming.’ Tough measures, together with the EU or independently, are needed to force the Netanyahu government to change course and comply with international law.
More information?
Watch the Nieuwsuur broadcast (in Dutch)
Listen to the interview on radio programme Met het Oog op Morgen (from 10.50 min, in Dutch)