Dutch Supreme Court to Decide on F-35 Parts Ban to Israel

The Netherlands’ Supreme Court is set to deliver a ruling on an appeal by the Dutch government against a ban on the transfer of parts for F-35 fighter jets to Israel. This decision follows a case initiated in late 2023 by three Dutch human rights organizations, which argued that such transfers could implicate the Netherlands in potential war crimes linked to Israel’s ongoing military actions in Gaza.

The initial ruling from a district court in The Hague had dismissed the ban. However, in February 2024, an appeals panel reversed this decision, ordering the government to cease shipments of F-35 parts. The panel cited concerns regarding potential violations of international law. In response, the Dutch government contended that foreign policy decisions are within its jurisdiction, not the courts’.

In November 2023, a legal advisor to the Supreme Court provided a non-binding opinion suggesting that the government’s appeal should be rejected. The Netherlands serves as one of three regional warehouses for U.S.-owned F-35 parts, amplifying the significance of the legal proceedings. Government attorneys have argued that a ban would be largely ineffective, since the United States would likely continue to supply parts to Israel regardless.

The conflict in Gaza has escalated dramatically since October 7, 2023, when Hamas militants infiltrated Israel, resulting in approximately 1,200 deaths, mainly civilians, and the abduction of about 250 individuals. According to Gaza’s Health Ministry, Israeli military actions have led to the deaths of over 66,200 Palestinians and injuries to nearly 170,000 others. The ministry, which operates under Hamas, does not distinguish between militants and civilians but claims that women and children account for about half of the casualties. Many independent experts and U.N. agencies consider these numbers a credible estimate of wartime casualties.

The ramifications of the conflict have led several European nations to reassess their arms policies toward Israel. In a notable move, Slovenia announced in August 2024 a ban on the import, export, and transit of all weapons involving Israel, marking it as the first such action by a European Union member state. Additionally, the United Kingdom suspended exports of certain weapons to Israel last year over concerns they could be used to breach international law. Spain also reported halting arms sales in October 2023, while legal actions are underway in France and Belgium regarding arms trade with Israel.

As the Supreme Court’s ruling approaches, attention remains focused on the implications it may hold for Dutch foreign policy and its role in the broader geopolitical landscape.