The final word on the legality of Dutch-facilitated shipments of F-35 parts for Israel’s military campaign in Gaza is expected from the nation’s Supreme Court. The government is appealing a lower court’s prohibition, in a case that balances international law against the state’s control over foreign policy.
The lawsuit was brought by a trio of human rights organizations who assert that the Netherlands is complicit in the alleged war crimes committed by Israeli forces. They argue that the transfer of any military components, including spare parts, must be stopped when there is a clear risk of their misuse.
The legal battle has seen fluctuating outcomes. An initial court victory for the government was nullified by an appeals court in February 2024. This higher court imposed a ban, stating that the risk of the parts being used to violate humanitarian law was undeniable. This decisive ruling is what the government is now seeking to have overturned.
In its appeal, the Dutch government has argued that the judiciary is encroaching on its executive authority. It also claims that the ban is toothless because the parts are owned by the United States, which operates a regional F-35 warehouse in the Netherlands and could simply reroute the shipments.
The context of this legal fight is the devastating war that has raged since Hamas’s October 7 attack. The conflict has resulted in over 66,200 Palestinian deaths, according to figures from Gaza’s Health Ministry, which are widely cited by international bodies. The Dutch court’s decision is being watched globally as a barometer of legal accountability for arms transfers.