Government

Dutch Court Halts F-35 Parts Exports to Israel

Published February 12, 2024

A court in The Hague has made a pivotal decision impacting international military trade relations. On Monday, the Dutch court has given the government a seven-day deadline to stop the supply of F-35 fighter jet components to Israel. This court order is a result of a legal appeal put forth by three non-governmental organizations (NGOs), aiming to cease the exportation, arguing that these parts are being used by Israel in military actions against Gaza.

Court Ruling on Humanitarian Grounds

The appeal from the NGOs was met with success as the appeals court acknowledged the high probability of these F-35 parts being linked to severe breaches of international humanitarian law. The NGOs Oxfam Novib, PAX, and The Rights Forum, backed by a group of supporters and a crowdfunding initiative, launched the lawsuit against the Netherlands government.

Michiel Servaes, director of Oxfam Novib, expressed his hope that this verdict will reinforce international law, thereby enhancing protection for Gaza's civilian population. The appeal highlighted the deleterious effects of Israel's military offensive in Gaza, following an aggressive strike from Hamas on October 7th, which resulted in a devastating toll on the Palestinian population.

Background of the Controversy

Israel's defense tactics, which included a significant order for F-35 parts from the United States, stored in the Netherlands, have been under scrutiny. These components are part of a broader trade agreement for export to various nations, including Israel.

The case's progress saw an initial ruling in December by a lower court that favored the government, stating there were no grounds to halt the deliveries. However, this decision was overturned by the appeals court's recent judgment. The directive to the state is now clear: all ongoing exports and transit of F-35 parts bound for Israel must be discontinued within the specified one-week timeframe.

Amid this controversial judicial ruling, Dutch Prime Minister Mark Rutte is currently on an official visit to both Israel and Palestine, where he emphasized the urgency of humanitarian assistance for Gaza, the release of all hostages, and the reduction of Israeli military actions in the region.

The International Court of Justice also weighed in on the matter in January, calling upon Israel to take immediate action to prevent any potential genocide in Gaza. This call fell short of demanding a ceasefire, as requested by South Africa when it presented the case.

Israel, Netherlands, F-35