Breakfast Briefing with Eddie Omar Rosenberg Khawaja and Maria Dommer Nielsen

International Criminal Law in Domestic Civil Litigation: The Lawsuit against Denmark Concerning Indirect Weapons Exports to Israel

Abstract

In March 2024, a Palestinian man sued the National Police, the Ministry of Foreign Affairs, and the Ministry of Justice in Denmark with the claim that the permissions for weapons exports to the USA via the F-35 fighter jet program and the underlying framework for these decisions violate Denmark’s obligations under international law.

It is one of two cases in Denmark concerning indirect weapons exports to Israel – the other being brought by a number of NGOs. Both can be viewed as part of a series of civil lawsuits across Europe, where direct or indirect weapons exports to Israel are challenged in domestic courts with reference to the UN Arms Trade Treaty, the EU Common Position on exports of military technology and equipment, and the Geneva Conventions.

The case primarily concerns an interpretation of Danish domestic law and international law pertaining to weapons exports. The complaint also contains an analysis of Israel’s methods of warfare and indicators of the country’s non-compliance with international humanitarian law (IHL) to substantiate the complaint’s main argument: that there is a clear and/or overriding risk of the exported military technology being used to commit or facilitate serious violations of IHL.

The briefing provides an overview of the case and its challenges, and will also highlight how academic legal research has been used in the case.  

About the Speakers

Eddie Omar Rosenberg Khawaja is the owner of Rosenberg Khawaja Law Firm and has extensive experience in domestic criminal trials, criminal cases with cross-border elements and human rights issues. In addition, he is specialized in immigration law and has particular experience in civil litigation with a focus on human rights and EU law. Eddie has also litigated before the European Court of Justice and brought several cases before other international courts and committees. Eddie has previously taught a number of criminal law and immigration law subjects at the Faculty of Law at the University of Copenhagen and on courses for lawyers and judges, etc. 

Maria Dommer Nielsen is an assistant attorney at Rosenberg Khawaja law firm and has taught the subject ‘International Criminal Law’ at the Faculty of Law, University of Copenhagen, since 2022. She works with human rights issues in practice and other cases with an international perspective. She has an LLM from the University of Copenhagen and an LLB in Global Law from Tilburg University in the Netherlands.

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See a list of all the Breakfast Briefings for Fall 2024.