Introduction
In October 2025 the Dutch government announced it was examining a legal way to take measures against the import of goods from ‘illegal [Israeli] settlements’ in the Westbank. This way, which was announced by Dutch Minister van Weel, was to be through the Sanctions Act 1977. The Minister gave orders to work on an Order-in-Council that would make such measures under the Sanctions Act possible. In this article, the proposed legal measures under the Sanctions Act will be examined, and the impossibilities of the Minister’s legal proposal will be addressed.
Sanctions Act 1977
In the Netherlands, the Sanctions Act 1977 (in Dutch: ‘Sanctiewet 1977’) constitutes the basis for the elaboration of national and international rules in implementation of international sanctions. A ministerial order suffices if Dutch national rules serve to comply narrowly with obligations under treaties or binding decisions of organisations under international law. Orders-in-Council can be imposed if required to ensure compliance more broadly with treaties or international agreements.
The Sanctions Act is a framework act permitting administrative orders to be issued. If a sanction has been imposed in the form of an EU regulation, no substantive elaboration is required at national level. Once an EU regulation or a national sanctions regulation has been imposed, it must be observed by all natural persons and legal entities resident in the Netherlands. This also applies to international corporations having an establishment in the Netherlands. The Minister of Foreign Affairs nevertheless issues ministerial regulations prohibiting violations of EU regulations, as this allows for criminal action against offenders.
Beyond the EU, the Netherlands may also independently designate natural persons or legal entities and order their assets to be frozen or the provision of financial services on their behalf to be prohibited or restricted. Examples include the Sanctions Regulations on Terrorism 2007 and 2007-II.
Dutch Minister’s remarks on Order-in-Council
In answering questions in the Dutch Parliament on October 2, 2025, Minister van Weel elaborated on the possibility of taking measures against the import of goods coming from Israeli settlements. He reasoned as follows: “Then we have the political trade measures against the import of goods from the illegal [Israeli] settlements. We have talked a lot about this. At this moment, there is no support for this in an EU-context (…) We have said that if this [EU-way to impose sanctions on Israel] would not work, we would look how we can implement this parallelly. I have set this in order, I tell you. (…) One possibility is the Sanctions Act (…). I have given the order to work on an Order-in-Council. However, you must understand that it must be legally sustainable and able to pass the test of feasibility.”[1]
Legal feasibility
This test of legal feasibility of an Order-in-Council under the Sanctions Act to restrict goods from Israeli settlements is what will be examined in the following sections.
First, we look at the required basis for such an Order-in-Council under the Sanctions Act. According to its drafting history, the basis for a measure under the Sanctions Act needs to be a mandatory decision by the United Nations Security Council. Meaning, there needs to be a binding resolution of the Security Council. In relation to Israel and the Israeli settlements in the Westbank, we see no such binding resolution by the Security Council.
Adjudicating a matter in this same context, the following reasoning by a Dutch court in a ruling of December 2024 is relevant: “the Sanctions Act‘s premise is that sanctions are an international instrument and therefore require binding international agreements related to them. These currently do not exist with respect to Israel.”[2] On appeal, the Court of Justice repeated that reasoning by stating the following: “the application of the Sanctions Act requires an international basis, such as a UN Security Council resolution, but this does not exist [in relation to trade with Israeli settlements].”[3]
However, according to drafting history, there may still be a way under the Sanctions Act and this might be the way the Dutch Minister is referring to. In the words of the drafting history: “such measures will not be taken until it has become apparent that there is a high degree of international agreement on the need to take such measures and that a sufficient number of countries allied with the Netherlands will also take such a measure.”[4] Meaning, a non-mandatory decision will only have effect if there’s a “sufficient number of those countries which are capable of exerting pressure effectively.”[5] It continues that with ‘countries allied with the Netherlands’, in this context, should be read as EU countries.
The lack of a basis
It is exactly this requirement, the support of a sufficient number of EU countries, that is missing when it comes to measures against the import of goods coming from Israeli settlements. It is especially striking that this is evident exactly from the Minister his own words. When asked by a member of Parliament whether it is technically possible to put in place an import ban against ‘illegal settlements in Israeli occupied territories’, Minister Van Weel answered by stating that there is in the EU context “insufficient support for the trade policy measures against the illegal settlements in the Israeli-occupied territories”.[6]
Thus, although announcing he will look at the possibility of measures under the Sanctions Act, the Dutch Minister recognised at the same time the main hurdle: the lack of support of a sufficient number of EU-countries. And as we have seen, the other key factor that is lacking is a binding resolution by the Security Council. Neither having a binding resolution by the Security Council, nor the support of sufficient EU-countries, it is not legally feasible for the Netherlands to adopt the measures against goods coming from Israeli settlements under the Sanction Act.
Conclusion
The Dutch minister need only to take into account his own words, as well as recent Dutch jurisprudence, to know that measures against the import of goods coming from Israeli settlements in the Westbank is not legally feasible under the Sanctions Act 1977. As mentioned by recent rulings of the Dutch courts in first and second instance, there is no mandatory international basis, such as a binding UN Security Council resolution, that would justify trade measures under the Sanctions Act. And, as addressed by the Minister himself, there is not sufficient support for trade policy measures among the EU countries against Israeli settlements. Therefore, such trade measures lack a legal basis under the Sanctions Act 1977.
[1] Kamerstuk 21501-02, nr. 3253 | Overheid.nl > Officiële bekendmakingen
[2] ECLI:NL:RBDHA:2024:20828, Rechtbank Den Haag, C/09/673870/ KG ZA 24-948, r.o. 4.16
[3] ECLI:NL:GHDHA:2025:2290, Gerechtshof Den Haag, 200.351.091/01, r.o. 8.5.
[4] Nadere memorie van antwoord, 13 november 1979 (Het treffen van sancties tegen bepaalde staten of gebieden), 14 006, nr. 18, bladzijde 2
[5] Ibid, bladzijde 6
