The Dutch Supreme Court Rejects Ban on Exporting Components of the "F-35" to Israel and Obligates the Government to Review Its Policies

The Supreme Court of the Netherlands rejected a previous decision today, Friday, that mandated a halt on the export of components for the "F-35" fighter jets to Israel. However, it obligated the government to reassess its arms export policies in the coming weeks in light of international law.

According to the ruling, the court granted the government six weeks to conduct a comprehensive review, emphasizing that the export will remain temporarily frozen until the evaluation is completed. It indicated that the government must assess whether these components could be used in operations that constitute a violation of international law.

Human rights organizations had filed lawsuits against the Dutch government, arguing that exporting "F-35" components aids Israel in launching attacks on Gaza that have resulted in a large number of civilian casualties, which could amount to war crimes.

The District Court in The Hague had ordered in February 2024 a halt on shipments of components to Israel, before the government appealed the decision claiming that foreign policy is its exclusive domain and not within the judiciary's responsibilities.

The Netherlands hosts one of three major regional warehouses for U.S. "F-35" spare parts. The government states that the halt on exports may be merely symbolic, as Washington can ship these components from other locations, but this does not exempt Amsterdam from potential legal accountability.

This ruling comes amid rising European stances towards Benjamin Netanyahu's government, as the Netherlands last month banned Israeli National Security Minister Itamar Ben Gvir and Finance Minister Bezalel Smotrich from entering its territory, as part of a European list of 29 Israeli figures described as "undesirable".