The Netherlands’ Supreme Court is deliberating a case that intertwines complex legal principles with the brutal realities of the Israel-Hamas war. The government is seeking to overturn a ban on exporting F-35 fighter jet parts to Israel, a prohibition demanded by human rights groups and imposed by a mid-level court.
The core of the legal challenge, brought by three Dutch organizations, is the assertion that the Netherlands is aiding and abetting potential war crimes in Gaza. They argue that the country has a legal duty to cease the transfer of military goods that could be used in violation of international humanitarian law.
This argument gained significant traction in February 2024 when an appeals court ordered the government to stop the shipments. The ruling was a major victory for the activists, but the government swiftly appealed, escalating the matter to the nation’s highest court. The government’s lawyers maintain that the judiciary is encroaching on executive power.
In its appeal, the government has also raised practical objections, noting that the Netherlands is merely a transit hub for U.S.-owned F-35 parts. A ban, they argue, would not stop the flow of components to Israel but would instead harm the Netherlands’ reputation as a reliable logistics partner for its allies.
The court’s decision is awaited as the humanitarian crisis in Gaza deepens. The war began after Hamas’s brutal attack on Israel on October 7, 2023. The subsequent Israeli military response has led to a death toll exceeding 66,200, according to the Gaza Health Ministry. This high-profile Dutch case is one of several legal battles over arms to Israel currently underway in Europe.