Criminals in Power

The Danish Arms Industry: Profit over People

Below is an overview of the entire saga of Danish arms exports to Israel, which has led to extensive and brutal killings of civilians in Gaza and Lebanon

A Human Rights Paradox

While Denmark promotes itself as a global leader in human rights, Danish companies continue to profit from the manufacture of weapons components that fuel conflicts in Gaza and Lebanon. Several reports show that Danish companies, including Terma, Multicut, Scandinavian Avionics, Systematic are involved in the production of components and maintenance of the F-35 fighter jets. Israel is using the F-35, described by its American manufacturer, Lockheed Martin, as “the most lethal” fighter jet in the world, extensively in its more than year-long offensive in Gaza, in which over 44.000 people have been killed, and now in Lebanon, where the death toll, 3516 to date, is rocketing day by day.

By permitting this indirect supply chain, the Danish government is complicit in actions that violate International Law, contributing to violence against civilians populations and infrastructures. Denmark won the elections for a seat on the UN Security Council for the period of 2025-26, but Denmark’s stated commitment to upholding Humanitarian Law and international peace is questionable, to put it mildly.

Inadequate Oversight: Legal and Ethical Gaps in Danish Export Policy

In January, the UN International Court of Justice (ICJ) ruled that it is plausible that Israel is violating the Genocide Convention by attempting to eradicate the Palestinian population in Gaza. A month later, a court of appeal in the Netherlands, following a petition from Oxfam, ordered the Dutch state to stop the export of F-35 fighter jet parts to Israel. In April, Amnesty International, Oxfam, MS ActionAid, and Al-Haq filed a lawsuit against the Danish Ministry of Foreign Affairs and the Danish National Police. They argue that Denmark has violated international arms export obligations by failing to control the indirect supply of military components to Israel.

The lawsuit highlights significant gaps in Denmark’s arms export regulations. Under the Danish Export Control Act, arms exports require a license from the Ministry of Justice, but since 2018, licensing authority has been delegated to the Danish National Police. Experts argue that this change has weakened regulatory oversight, allowing exports that risk violating international humanitarian law (IHL), the EU’s Common Position on arms exports, and the Arms Trade Treaty (ATT). These regulations decree that export licenses must be denied by the Danish National Police if there is a significant risk that arms could contribute to human rights abuses, conflicts, or civilian-targeted violence.

The recent call from the United Nations General Assembly on September 18 for an arms embargo against Israel has intensified scrutiny, adding international pressure for Denmark to align its practices with the national and international legal framework on arms exports that prioritize human rights and peace. This call from the UN highlights the growing global demand for accountability in arms exports to regions with ongoing conflict, adding urgency to Denmark’s need to reassess its regulatory framework and uphold its human rights commitments.

Denmark’s Role in the F-35 Programme: A Question of Political Will

Denmark is not alone in facing criticism over arms exports to Israel; similar lawsuits are emerging across Europe, questioning the ethics and legality of supplying components that support military operations in Gaza and Lebanon. Although these F-35 components reach Israel via a complex, US-led supply chain, involving more than 1900 companies globally, arms experts argue that suspending exports of such parts is easily attainable and legally compulsory.

According to human rights organizations, approximately 90% of Denmark’s arms exports to Israel support the F-35 programme. While Denmark implemented new restrictions on arms exports to Israel in March, these only affect new licenses; existing licenses, particularly those connected to the F-35 supply chain, remain active. Denmark’s major military company ‘Terma’ exports critical components used in the F-35, including gun pods for air-to-ground strikes and bomb-release pylons. Despite arguments that logistical challenges prevent effective tracking, Denmark’s inadequate oversight reflects instead an evident lack of political will, directly conflicting with its obligations under the UN Arms Trade Treaty (ATT) and the EU’s arms export standards. These rules require Denmark to assess the risk of human rights violations and war crimes associated with the end-user, even when exports are formally destined for the United States.

The Danish Ministry of Foreign Affairs has stated that export controls for the F-35 components usually consider only the United States as the recipient, as it is “not usually known at the time of application whether and, if so, to where the finished product with the relevant subcomponents may be resold.” However, legal experts argue that Denmark remains obligated to assess the risk posed by the ultimate end-user, in this case, Israel. Yet, Denmark deputes such evaluations to the United States’ export controls, which is not part of the UN Arms Trade Treaty and consequently is not binded by any arms exports obligations.

Denmark’s role in the F-35 programme is emblematic of a broader crisis of accountability in global arms trade policies. By continuing to export critical components that enable military operations in conflict zones, Denmark is undermining its commitments to human rights and international law. It is time for Denmark to ensure its policies align with its obligations under the UN Arms Trade Treaty. Anything less is a betrayal of the principles Denmark claims to uphold as UN Security Council member.

Sources:
– https://www.middleeasteye.net/news/us-no-system-track-delivery-spare-parts-israeli-f-35-fighter-jets
– https://www.amnesty.org/en/latest/news/2024/03/denmark-ngos-sue-the-danish-state-to-stop-arms-exports-to-israel/
– https://www.middleeasteye.net/news/israel-US-f-35-global-supply-legal-spare-parts
– https://danwatch.dk/en/multi-ton-bombs-and-massive-damage-how-israel-uses-danish-armoured-fighter-jets-in-gaza/
– https://danwatch.dk/en/major-civilian-casualties-danish-equipped-fighter-jets-behind-bloody-attack-in-gaza/
– https://caat.org.uk/news/investigation-reveals-israel-used-partly-uk-made-f-35-in-attack-on-gaza-humanitarian-zone-in-july-killing-90/
– https://www.terma.com/campaign/f-35-arrives-in-dk-2023/
– https://www.forsvaret.dk/da/materiel2/f-35—danmarks-nye-kampfly/f-35-industrisamarbejde2/f-35-industrisamarbejde/
– https://danwatch.dk/en/denmark-at-odds-with-international-law-danish-military-equipment-used-in-gaza-bombings/