Dutch court rejects claims Netherlands is skirting F-35 export ban to Israel

THE HAGUE, Netherlands (CN) — There was no evidence the Dutch government was ignoring a court order to stop sending fighter jet parts to Israel, the Hague District Court ruled on Friday.

A group of human rights organizations returned to court last month, arguing the Netherlands was evading the ban on exporting replacement F-35 parts to Israel over concerns the country was violating international law by sending them to other nations instead.

Oxfam Novib, Amnesty International and The Rights Forum told the court during a June hearing that Israel is still getting F-35 parts from the Netherlands and may be using them in Gaza. In particular, the groups said Israel was getting the parts from its ally, the United States.

Earlier this year, an appeals court ordered a halt on exports, finding that Israel might not be complying with its legal obligations. In this latest ruling, however, the court said the groups failed to prove that the Netherlands was not adhering to the earlier decision.

“It has not been demonstrated that the state does not comply with the court’s judgment, as interpreted by the judge, or does not wish to comply with it,” the court wrote in a ruling in Dutch.

The Netherlands is home to one of three F-35 European regional warehouses. The fighter jets are owned by the United States, but since 2019 Woensdrecht Air Base 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, 2023. The Dutch customs office asked the government if it wanted to proceed with the order, as military goods require an export license, and was given the go-ahead.

The groups brought their first case last year. They argued that the Netherlands was complicit in war crimes for continuing to send the fighter jet parts despite warnings the exports may run afoul of international law.

“We regret that the court cannot fully rule in our favor because the Court of Appeal’s ruling is interpreted more narrowly. This decision means that a new injunction is needed to stop deliveries via the U.S. to Israel,” the three said in a joint statement. They are considering more legal action.

In January, the same 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.

The human rights group appealed the decision and prevailed in February when an appeals court ordered a halt to exports to Israel.

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

The Netherlands has appealed the appellate court decision and that case will be heard by the Dutch Supreme Court in September.

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