THE HAGUE: The Netherlands’ Supreme Court is set to deliver a ruling Friday on the government’s appeal against a ban on exporting F-35 fighter jet parts to Israel, a case that could influence European arms trade policies amid the ongoing Gaza conflict.
The dispute began in 2023 when three Dutch rights groups challenged the transfers, arguing that providing F-35 parts risked making the Netherlands complicit in alleged violations of international law. Israel has denied accusations of war crimes.
While a district court initially allowed the exports, an appeals court in February 2024 ordered the government to halt shipments, citing a clear danger that the parts could be used in breaches of humanitarian law. The government then turned to the Supreme Court, asserting that foreign policy decisions should rest with elected officials rather than the judiciary.
The Netherlands hosts one of three regional warehouses for US-owned F-35 components. Dutch government lawyers argue that even if Amsterdam bans transfers, the United States could reroute parts through other facilities, making the ruling largely symbolic.
A legal advisor to the Supreme Court recommended last year that the government’s appeal be dismissed, though the opinion was nonbinding.
The case comes as several European countries reconsider defense exports to Israel. Slovenia announced in August it would ban all weapons trade with Israel, the first such step by a European Union member. Spain halted sales in October 2023, and Britain suspended certain exports last year. Similar legal challenges are under way in France and Belgium.
Israel’s military campaign in Gaza has killed more than 66,200 Palestinians and wounded nearly 170,000 others, according to Gaza’s Health Ministry. The ministry, part of the Hamas-run government, does not distinguish between civilians and militants but says women and children account for about half the deaths. United Nations agencies regard its figures as the most credible available.
The war began Oct. 7, 2023, when Hamas-led fighters attacked Israel, killing about 1,200 people and taking roughly 250 hostages. Israel says Hamas still holds 48 hostages, about 20 believed to be alive.
The Dutch ruling is being closely watched across Europe as governments balance domestic legal challenges, international law obligations and strategic alliances with Israel and the United States.
