Dutch Court Orders Review of F-35 Parts Exports to ’Israel’

By Staff, Agencies

The highest court in the Netherlands has mandated that the Dutch government reassess its currently suspended license for the exports of components for F-35 fighter jets to "Israel", in light of concerns that the parts might be utilized in violations of international law.

The Supreme Court announced on Friday that the suspension of exports will stay in effect while the government reviews the license. The vice-president of the court, Martijn Polak, stated that the government has a period of six weeks to conduct the re-evaluation.

In its verdict, the Supreme Court stated that an appellate court in The Hague exceeded its jurisdiction when it prohibited the transfer of F-35 components to "Israel" in February 2024, referencing worries that these parts might be utilized in violations of international law. The ruling prompted the government to halt the exports.

Dutch Foreign Minister David van Weel endorsed the ruling and said he would make a decision within six weeks, but noted that the exports were unlikely to resume “given the current situation” in Gaza.

Until then, “as long as the [foreign] minister does not make a new decision on the export license, the current license remains valid and export of F-35 parts to 'Israel' is not allowed.”

The court underlined that any future approval hinges on a legal test.

“If the [foreign] minister determines that there is a clear risk that the goods to be exported will be used in committing serious violations of international humanitarian law, he may no longer allow the use of the license,” the Dutch Supreme Court stated.

The ruling comes as "Israel" continues its genocidal war on Gaza, and at a time of political flux in the Netherlands, with national elections scheduled for October 29 and the current government in caretaker mode.

The case was originally brought in late 2023 by three Dutch rights groups who argued that transferring the F-35 parts makes the Netherlands complicit in possible war crimes being committed by "Israel".

The Netherlands hosts one of several regional warehouses distributing US-owned F-35 parts to partner states.

Legal representatives of the Dutch government contend that prohibiting transfers from the Netherlands would ultimately be futile, as the United States would still supply the components regardless.

Legal disputes regarding F-35 components have arisen throughout Europe.

In June, the UK High Court dismissed a proposal to halt British exports to "Israel", ruling that the matter was under the authority of the government instead of the judiciary.

Human rights advocates criticized the ruling, cautioning that the ongoing provision of British-manufactured components deprives Palestinians in Gaza of the protections afforded by international law.