Dutch court orders government to stop exporting fighter jet parts to Israel

THE HAGUE, Netherlands (CN) — A Dutch appeals court ordered the Netherlands to cease sending spare F-35 parts to Israel on Monday, citing the risk of violations of international humanitarian law. 

The Hague Court of Appeal found that Israel is not sufficiently accounting for the risk to civilians when using the planes after a group of human rights organizations appealed an earlier ruling allowing the transfer of U.S.-owned parts from the Netherlands.

“There is a clear risk that the exported F-35 parts are used in serious violations of international humanitarian law,” said Judge Bas Boele, ordering the government to stop sending parts within seven days. 

Oxfam Novib, Amnesty International and The Rights Forum filed a civil suit in December, arguing the Netherlands was complicit in war crimes. 

“We are extremely happy,” lead lawyer Liesbeth Zegveld told reporters after the hearing. Some in the crowded courtroom cheered as the verdict was read out. 

The Netherlands is home to an F-35 regional warehouse. The fighter jets are owned by the United States, but since 2019, Woensdrecht Air Base in the south of the country has served as a distribution center for spare parts. 

The Israeli air force placed an order for parts following the attacks by Hamas on Oct. 7. The Dutch customs office asked the government if it wanted to fill the order, as military goods require an export license; the government gave the go-ahead. 

The Dutch government has said it intends to appeal the decision. "The government is of the opinion that the onward supply of American F-35 parts is not unlawful. According to the cabinet, it is up to the state to shape its foreign policy," the Ministry of Foreign Affairs said in a statement. While the appeal is pending, the government says it will comply with the export ban.

In January, a lower court ruled the Netherlands could continue to send spare parts. Judges wrote that the government has “a wide degree of freedom” to determine whether or not to send military goods.

Lawyers for the Netherlands argued that there is no evidence the planes are being used to commit war crimes and that if the Dutch stop sending parts, Israel will simply get them from the United States. 

Arguments that Israel is doing enough to protect civilian lives did not convince the three-judge panel. “Not only in view of its unprecedented scale, but also in view of the statements made by Israeli soldiers, it is not plausible that this destruction was inflicted exclusively on military targets or constituted legitimate 'collateral damage,'” the judges say in the ruling. 

Last month, judges at the International Court of Justice found there is a risk of genocide against the Palestinian people in the Gaza Strip and called on Israel to prevent any genocidal acts from occurring. The court issued provisional measures in a case brought by South Africa against Israel. 

Since that order was announced, two Japanese technology firms have cut ties with Israeli partners and the Wallonia region of Belgium has stopped issuing weapons export licenses for Israel. 

The Dutch verdict may be the start of a trend.

“It is a super important verdict. Not just for the Netherlands, but I think it sends out a clear signal to all countries who are still supporting this horrible war in Gaza,” Michiel Servaes, the director of Oxfam Novib, told reporters after the hearing. 

The Netherlands has blocked the export of military goods before. Research by Dutch newspaper NRC found that between 2004 and 2020, the government refused to grant an export license to Israel 29 times. 

Follow @mollyquell

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit