Netherlands’ Complicity in Gaza War? Top Court Hears Case on F-35 Exports

A critical question of national complicity in alleged war crimes is before the Netherlands’ Supreme Court, which is ruling on whether to uphold a ban on shipping F-35 fighter jet parts to Israel. The case, brought forward by human rights advocates, forces a direct confrontation with the Dutch government’s role in the ongoing conflict between Israel and Hamas.
The lawsuit was originally filed by three Dutch rights groups who argue that the transfer of military components implicates the Netherlands in the devastating impact of Israel’s campaign in Gaza. They claim that continuing the shipments is a violation of the country’s legal obligations to prevent human rights abuses. Israel has consistently denied committing war crimes, stating its actions are aimed at dismantling Hamas.
The legal journey to the Supreme Court has been fraught with contention. While a lower court initially dismissed the activists’ claims, an appellate court delivered a stunning reversal in February 2024. It imposed a ban on the exports, concluding there was a clear risk of the parts contributing to violations of international law. This decision set the stage for the government’s final appeal.
The government’s counterargument rests on two main pillars: jurisdictional authority and practical futility. Ministers insist that foreign policy decisions are not for the courts to decide. Furthermore, they claim that since the parts are U.S.-owned and stored in one of three global F-35 warehouses located in the Netherlands, the U.S. would deliver them to Israel regardless of a Dutch embargo.
The backdrop to this legal drama is a conflict that has caused immense suffering. The war, ignited by the October 7 Hamas attack that killed approximately 1,200 people in Israel, has led to a military response that Gaza’s Health Ministry says has killed over 66,200 Palestinians. This case is part of a broader European trend, with several nations and courts grappling with the legality of their arms trade with Israel.