Israel’s military conduct in Gaza is indirectly under the microscope at the Dutch Supreme Court, where a final decision is pending on the legality of exporting F-35 fighter jet parts to the country. The case hinges on whether the Netherlands is legally obliged to stop the shipments due to allegations of war crimes.
The legal action was initiated by Dutch human rights organizations that claim the Netherlands is failing in its duty to prevent violations of international law. By allowing F-35 parts to be transferred from a warehouse on its soil, they argue, the country becomes a party to the conflict’s devastating human toll.
The legal journey has been a rollercoaster. A district court initially permitted the exports, but an appeals court later imposed a ban, citing a “clear risk” of the parts being used illegally. This has forced the Dutch government to defend its foreign policy and its interpretation of its legal obligations before the Supreme Court.
The government’s defense is twofold. First, it asserts its exclusive right to determine foreign policy. Second, it argues that a ban would be ineffectual. The parts are U.S.-owned, and the government claims the United States would simply ship them from elsewhere, rendering the Dutch decision moot while potentially harming the Netherlands’ strategic position.
The court will issue its ruling amid a conflict that has caused immense destruction since the Hamas attack on October 7, 2023. According to health officials in Hamas-run Gaza, more than 66,200 people have been killed. The case in the Netherlands is a prominent example of the legal and diplomatic fallout from the war, with similar debates taking place across Europe.