Dutch gov't can decide on supplying F-35 parts to Israel: court
THE HAGUE
The Dutch Supreme Court ruled Friday the government could decide whether to export parts used in Israeli F-35 fighter jets in Gaza, overturning a previous ban and ending a long-running legal saga.
In February 2024, the Appeals Court in the Hague ordered the Dutch government to stop exporting the F-35 parts.
That court sided with a coalition of rights groups that argued the parts contributed to what they said were violations of international law by Israel during its campaign in Gaza.
But the government sent the case to the Supreme Court, asking judges to decide whether ministers hold the final authority on the issue.
Supreme Court Vice-President Martijn Polak ruled that the Appeals Court had overstepped its brief.
"The Court of Appeal may not assess for itself whether granting the permit constitutes a clear risk of serious violation of international humanitarian law," said Polak.
"That is up to the minister."
The Supreme Court gave the government six weeks to reassess its export licences and decide its policy.
The ruling comes at a time of political flux in the Netherlands, with an election on October 29 and a caretaker government.
"If the minister decides during the reassessment there is a clear risk that the exported goods will be used to commit serious violations of international humanitarian law, he may no longer permit the use of the permit," said the court.
After the Appeals Court ruling, the government changed the licence to prevent the parts being exported to Israel, said Polak.
This remains in force unless the government decides otherwise, added the judge.
The US-owned F-35 parts are stored at a warehouse in the Netherlands, then shipped to several partners, including Israel, via existing export agreements.
Dutch authorities have argued it was not clear whether they even had the power to intervene in the deliveries, part of a US-run operation that supplies parts to all F-35 partners.
Government lawyers also argued that Israel could easily find the parts elsewhere if their export from the Netherlands were banned.
In June, the High Court in London rejected a legal challenge brought by a Palestinian rights group seeking to block Britain from supplying parts for Israeli F-35s.
