On 10 and 11 March 2026, Al-Haq, alongside Denmark-based organisations are in legal session before the Supreme Court in Denmark. The organisations’ claim before the Supreme Court is focused on demonstrating to the Court is on the procedural grounds that they have the legal standing to pursue their legal challenge, initiated in the spring of 2024, and challenging the conduct of both Denmark’s Ministry of Foreign Affairs and the Danish National Police.
In April 2025, the High Court in Denmark issued a decision holding that none of the organisations, including Amnesty International Denmark, Oxfam Denmark, ActionAid Denmark, or Al-Haq have a legal interest in having their claim –– that the Danish state violates international law because it allows the export of weapons parts to Israeli F-35 fighter jets that bomb civilians in Gaza–– tested.
Al-Haq argues that contrary to the High Court’s interpretation, we each have a concrete, individual, current, and significant interest in ensuring that the Danish state respects international law. Denmark must ensure that Danish exports of military technology and equipment do not take place when there is a risk that the exported equipment may be used for, or facilitate, serious violations of international humanitarian law by Israel against Palestinians.
Through their risk assessments, the Ministry of Foreign Affairs determines whether there is a risk that weapons and weapon components scheduled for export from Denmark can be used to violate human rights and international law, including the targeting of civilians. The National Police of Denmark gives Danish companies the final authorisation or decision of rejection for the export of such weapons.
Denmark has since 1997 participated in the multilateral Joint Strike Fighter partnership, later the F-35 Partnership, which was initiated by the United States and aims to develop and produce fifth-generation fighter aircraft, the F-35. A number of Danish companies, such as Terma A/S, are currently producing parts and components for these F-35 fighter jets.
The core claim of the organisations is that all current and certain expired licenses for the export of military technology and equipment under the F-35 program to, among others, the United States, are invalid or must be revoked because they would be in violation of Section 62 of the Weapons Act and Denmark's obligations under EU law and other international obligations, in relation to the protection of human rights particularly in light of Israel’s use of F-35 to unlawfully target Palestinians in Gaza.
Al-Haq’s efforts across several jurisdictions to challenge the continued provision to Israel of weapons and components of F-35 aircraft have been stymied by the practice of national courts to carve out an accountability gap whereby legal oversight and accountability are made subservient to an unfettered state power to act without restraint in the name of so-called ‘security’ or ‘foreign policy’ interests. Such an accountability gap exists even where national courts have recognised the serious risk that Israel is perpetrating genocide in Gaza.
The organisations believe that there is a clear risk that Danish-produced weapons equipment could be used to commit serious crimes against civilians in Gaza, and that Denmark must ensure it acts within its legal obligations. In doing so, Denmark violates international rules on arms trade and risks being complicit in international crimes, including violations of international humanitarian law and the crime of genocide. We consider it imperative to pursue all legal accountability mechanisms in the pursuit of justice and in defence of the idea of a rule of law and we will not be deterred in our mission to hold all those responsible for violations committed against the Palestinian people to account.