A final verdict is expected from the Netherlands’ highest court in a highly contentious case concerning the export of F-35 fighter jet components to Israel. The Dutch government is appealing a lower court’s decision that blocked the shipments, a ruling that has significant implications for both domestic law and international diplomacy.
The legal battle was set in motion by three human rights organizations that sued the state to stop the transfers. Their central argument is that the Netherlands is complicit in alleged war crimes being committed by Israel in its military campaign against Hamas in Gaza. This claim has been a focal point of the proceedings, forcing a legal examination of the Dutch role in the conflict.
The path to the Supreme Court has seen conflicting judgments. A district court initially found in favor of the government, allowing the exports to continue. However, an appeals court later reversed this, imposing a ban based on the risk of the parts being used to violate international humanitarian law. This legal whiplash has created uncertainty and raised the stakes for the final Supreme Court ruling.
The government’s case before the Supreme Court is that the judiciary is overstepping its authority by intervening in foreign policy. State lawyers also argue that a Dutch ban would not prevent the U.S.-owned parts from reaching Israel, as Washington would likely use other channels. The Netherlands hosts a key regional warehouse for these components, making it a critical node in the F-35 global logistics network.
This legal dispute is unfolding against the grim backdrop of the war in Gaza, which has resulted in widespread death and destruction. The conflict began on October 7, 2023, with a deadly Hamas attack on Israel. The Dutch court’s decision will resonate across Europe, where several nations are re-evaluating their policies on arms sales to Israel.