Arguing that foreign policy is a matter for the government and not the courts, Dutch officials are making their case to the Supreme Court to lift a ban on F-35 parts exports to Israel. The ban was imposed by a lower court that found the shipments risked complicity in violations of international law.
The case, which has been working its way through the Dutch legal system since late 2023, was initiated by a coalition of human rights groups. They maintain that the Netherlands cannot legally or ethically continue to facilitate the transfer of military components used in the Gaza war.
The government’s appeal comes after a significant defeat in an appeals court in February 2024. That court’s order to halt the shipments was a direct blow to the government’s policy, prioritizing human rights law over the state’s diplomatic considerations. The Supreme Court must now reconcile these competing principles.
A key defense argument is that the Netherlands’ role is passive; it hosts a warehouse for U.S.-owned parts. Therefore, a ban would not stop Israel from receiving the components but could harm the Netherlands’ reputation as a reliable NATO ally. This stance has been challenged by a Supreme Court legal advisor, whose non-binding opinion suggested the appeal should be dismissed.
The legal arguments are unfolding as the war, which began after Hamas killed around 1,200 people in Israel, continues to devastate Gaza. The death toll there has climbed past 66,200, according to local officials. This context has fueled similar legal challenges to arms exports in other European countries, including France and Belgium.
