Court Orders Netherlands to Halt F-35 Parts Supply to Israel over Humanitarian Law Concerns

Defense News ,Netherland :- In a significant legal development, a Dutch court has ruled that the Netherlands must cease the delivery of parts for F-35 fighter jets used by Israel in the Gaza Strip. The decision, made by the Appeals Court in The Hague, comes in response to concerns that the planes may be involved in breaking international humanitarian law.

The court sided with a coalition of human rights organizations, asserting that the supplied F-35 parts contribute to violations of the law by Israel in its conflict with Hamas. The ruling mandates the Dutch government to halt further exports of F-35 parts to Israel within seven days.

The F-35 parts, owned by the United States, are stored in a Dutch warehouse before being shipped to various partners, including Israel, under existing export agreements.

In December, the District Court in The Hague had characterized the supply of parts as primarily a political decision not subject to judicial interference. However, the Appeals Court overturned this stance, emphasizing that the Netherlands must prevent the export of military goods if there is a clear risk of serious violations of humanitarian law during conflict.

The court expressed concerns that Israel does not adequately consider the consequences for the civilian population in its attacks, leading to a disproportionate number of casualties, including thousands of children.

The conflict in Gaza, initiated in response to attacks by the Palestinian militant group Hamas, resulted in around 1,160 deaths, mostly civilians, according to official Israeli figures. Additionally, militants seized approximately 250 hostages, with some still in Gaza and others presumed dead.

Israel responded with a relentless offensive in Gaza, resulting in a significant number of casualties, particularly among women and children, according to the territory's Hamas-run health ministry.

Dutch authorities had previously questioned their ability to intervene in the deliveries, citing the operation as part of a US-run supply chain to all F-35 partners. Government lawyers argued that if the Netherlands ceased supplying the parts, Israel could easily obtain them elsewhere. However, the court ruled that export licenses granted in 2016 for an unlimited time needed reconsideration in light of changed circumstances.

Trade Minister Geoffrey van Leeuwen expressed disappointment at the verdict and announced the government's intention to appeal to the Supreme Court. Despite the appeal, the government committed to fully complying with the court's ruling in the interim.

International law experts have suggested that human rights violations may be occurring on both sides of the conflict. The International Court of Justice in The Hague has previously called on Israel to do everything possible to prevent genocidal acts in Gaza.

The ruling has been welcomed by human rights groups involved in the appeal, with PAX Netherlands expressing confidence in a positive outcome and Oxfam Novib emphasizing the importance of the decision for civilians in Gaza.