It is an atrocity etched in our collective memory: the horrific poison gas attack in Douma, Syria, in 2018, which caused immense human suffering. The attack was a grave violation of the prohibition on the use of chemical weapons. The Dutch government regarded the military intervention by the United States, the United Kingdom and France in response to the attack as both well considered and proportionate. However, since there was no basis in international law for the intervention, the government was unable to give its political support. Since the publication of the Davids Committee report in 2010, such political support must always have a basis in international law.
Unfortunately, we live in an era in which countries use their UN Security Council veto to hamper investigations into those responsible for violations and to block unified action aimed at reducing humanitarian suffering. Given the current geopolitical context, it is conceivable that the Netherlands could again be confronted with a situation in which we are asked to lend political support for the use of force between states in the absence of a basis in international law.
When can the Netherlands give political support to a military intervention in another state? The answer to this question is extremely complex, topical and time-sensitive. For these reasons, I commissioned an Expert Group on Political Support for the Use of Force Between States and Humanitarian Intervention to reexamine this matter. In addition, I asked the group to consider whether the Netherlands should press for international acceptance of humanitarian intervention as a possible new legal basis for the use of force between states in exceptional circumstances.
The Expert Group’s thorough analysis and recommendations on this complex subject offer important insights that can aid the government in formulating its position on political support for the use of force between states and humanitarian intervention. In drawing up this advisory report the Expert Group has helped the government develop a new, contemporary vision on these issues, a vision it describes in its response to the report, which was sent to the House of Representatives on 17 April 2020. I would like to sincerely thank the members of the Expert Group, which was led by Professor Cyrille Fijnaut, for their valuable contribution.
This advisory report can also be a useful tool for others in considering these difficult issues and as such enable us to continue working together to ensure a world in which international law is respected by all.
Stef Blok Minister of Foreign Affairs of the Kingdom of the Netherlands