In a direct confrontation between the government and the judiciary, the Dutch Supreme Court is set to rule on an appeal against a ban on F-35 parts shipments to Israel. The government is contesting a lower court’s decision that it must halt the transfers due to the risk of their use in violating international law in Gaza.
The case originated with a lawsuit from three human rights groups who argued that the Netherlands was making itself complicit in potential war crimes. This legal action forced a public and judicial examination of the country’s responsibilities under international treaties governing the arms trade.
While an initial ruling went in the government’s favor, an appeals court dramatically reversed the decision in February 2024. The appellate judges determined that the risk of the parts being used to commit serious violations was so clear that the state was obligated to stop the exports immediately. This unambiguous order is what the government now seeks to have annulled by the Supreme Court.
The government’s legal team has argued that the courts are overreaching into the domain of foreign policy. They also presented a pragmatic argument: the F-35 parts are American property, and the U.S. would ensure they reach Israel one way or another, making a Dutch ban a hollow gesture that could damage relations with a key ally.
This legal struggle is set against the backdrop of the devastating war triggered by the October 7 Hamas attack. The conflict has seen unprecedented casualties in Gaza and has led to growing international scrutiny of military support for Israel. Several European nations, including Spain and the U.K., have already curbed arms exports, reflecting a shifting political landscape.
Dutch Government Fights Court Order to Stop F-35 Parts for Israel
