Dutch Court Orders Suspension of F-35 Jet Parts Export to Israel, According to Reuters

By Stephanie van den Berg

THE HAGUE – A Dutch court has mandated the government to halt all exports of F-35 fighter jet components to Israel due to concerns regarding potential violations of international law during the ongoing war in Gaza.

The appeals court gave the Dutch government seven days to comply with the ruling, which has raised alarm across Europe and beyond about the humanitarian consequences of the conflict. Israel refutes allegations of wrongdoing, stating its military actions are targeted at Hamas militants.

The court highlighted a significant risk that exported F-35 parts could contribute to severe breaches of international humanitarian law, siding with a lawsuit from various rights organizations, including the Dutch branch of Oxfam.

In response, the Dutch government announced plans to appeal to the Supreme Court, arguing that determining foreign policy should lie within the government’s purview, not the judiciary’s.

Dutch Trade Minister Geoffrey van Leeuwen emphasized that these fighter jets are integral to Israel’s security and noted that it is premature to assess the potential impact of a ban on exports from the Netherlands.

He stated, “We are part of a large consortium of countries that collaborate with Israel. We will discuss how to address this with our partners.”

The Netherlands serves as a regional hub for U.S.-owned F-35 parts, with supplies dispatched to several nations, including at least one shipment to Israel since the escalation of conflict on October 7.

The conflict in Gaza has reportedly resulted in over 28,000 Palestinian deaths, according to health authorities in the Hamas-controlled territory, and has displaced a majority of its 2.3 million residents.

Israel maintains that its military operations do not constitute war crimes and were initiated in retaliation for a Hamas incursion on October 7, which resulted in the deaths of approximately 1,200 Israelis and around 240 hostages taken.

Israeli Minister Benny Gantz welcomed the decision to appeal, asserting that the court’s ruling undermines the global and national imperative to combat terrorism.

In an earlier ruling in December, a Dutch lower court refrained from mandating an export halt despite acknowledging the likelihood of F-35 involvement in violations of war laws. The appeals court, however, determined that the state’s political discretion did not outweigh the clear risks of international law breaches.

The court expressed concerns regarding F-35 involvement in attacks on Gaza, which have resulted in unacceptable civilian casualties, and rejected the government’s argument against reassessing export permits.

Oxfam Novib director Michiel Servaes stated, “We hope this ruling will bolster international law in other countries, ensuring that the citizens of Gaza are also protected by it.”

European Union foreign policy chief Josep Borrell noted the court’s decision and subtly urged the United States to reconsider arms supplies to Israel due to high civilian casualties in Gaza.

Judge Bas Boele acknowledged that in the future, the Dutch government might approve F-35 exports to Israel, but only on the stringent condition that these components would not be utilized for military operations in Gaza.

The Dutch government aims to assure its partners of its reliability within the F-35 program and other international defense collaborations.

Lockheed Martin, the manufacturer of the F-35, indicated it is assessing the implications of the Dutch court ruling on its supply chain but affirmed its readiness to assist the U.S. government and allies as necessary.