The final word on the legality of exporting F-35 fighter jet parts to Israel from the Netherlands is now in the hands of the country’s Supreme Court. A hearing on Friday will see the government appeal an existing ban, in a case that has become a benchmark for legal challenges to arms transfers during the Israel-Gaza war.
The legal challenge was initiated by a trio of human rights organizations who argued the Netherlands was violating international law. They claimed that by supplying the parts, the state was knowingly contributing to attacks that could constitute war crimes in Gaza, where Israel’s military campaign has led to tens of thousands of deaths.
The judicial process saw an initial court reject the activists’ claims. However, an appeals court reversed this in February 2024, imposing a ban and stating that the risk of the parts being used in unlawful acts was too significant to ignore. It was a stunning legal victory for the human rights groups and a blow to the government.
The government’s appeal rests on jurisdictional grounds, arguing that courts should not meddle in foreign policy. They also employ a pragmatic defense, stating that since the parts are American-owned, a Dutch ban would not prevent them from reaching Israel, as the U.S. would use other routes.
This case is being watched closely, as it mirrors legal efforts in other European nations like France and Belgium to scrutinize weapons trade with Israel. The Dutch Supreme Court’s ruling is expected to have a significant impact on the broader European debate over arms export controls and accountability.
