Dutch Supreme Court Decision Looms on Controversial F-35 Shipments to Israel

A final and decisive ruling is anticipated as the Dutch Supreme Court hears the government’s appeal against a ban on exporting F-35 fighter jet parts to Israel. This case has become a focal point for the debate on arms exports, international law, and governmental accountability during wartime.
The controversy began in late 2023 when human rights watchdogs sued the Dutch state. Their claim was stark: by facilitating the transfer of these critical military components, the Netherlands was aiding and abetting potential war crimes in Gaza. Israel, a major operator of the F-35, strongly denies these allegations.
The legal journey has been a rollercoaster. A lower court initially dismissed the activists’ case, but an appeals court in February 2024 delivered a landmark verdict, ordering the government to halt the shipments. The judges’ reasoning was based on a “clear risk” that the parts were being used in actions that breached the laws of war.
The government’s appeal to the Supreme Court is based on the principle of political primacy in foreign affairs. It argues that such decisions involve complex diplomatic and security considerations that are beyond the purview of the judiciary. This argument for non-interference by the courts is now being tested at the highest level.
Adding weight to the case against the government, a legal advisor to the Supreme Court has already issued a non-binding opinion suggesting the appeal should be rejected. With other European countries like Spain and Slovenia also restricting arms trade with Israel, the Dutch court’s final word could have a ripple effect across the European Union and beyond.