A fundamental legal question is before the Dutch Supreme Court: can the Netherlands legally allow the transfer of F-35 fighter jet parts to Israel for use in the Gaza war? A final ruling is expected on a government appeal against a ban imposed by a lower court.
The case was brought by three human rights organizations that argue the answer is a clear “no.” They contend that both Dutch and international law prohibit the export of military goods when there is a significant risk they will be used to commit serious violations of humanitarian law.
This argument was accepted by an appeals court in February 2024, which ordered the government to halt the shipments. The court’s decision was a powerful statement that legal obligations must be respected, even when they conflict with the government’s political objectives.
The government’s appeal to the Supreme Court is an attempt to reassert its policy. It argues that the courts are ill-suited to make such judgments and that the ban is an ineffective measure since the parts are U.S.-owned and can be supplied from elsewhere.
The court’s answer to the “F-35 question” will have significant repercussions. The war in Gaza, which began on October 7, 2023, has raised profound ethical and legal issues for Israel’s allies, and the Dutch ruling will be a key marker in the international response to the conflict.