A Dutch appeals court on Monday mandated the cessation of all F-35 fighter jet part exports from the Netherlands to Israel within seven days. Despite the government’s request to postpone the enforcement of this order pending a Supreme Court appeal, the appeals court dismissed such appeals, setting a strict timeline for compliance.
The ruling was precipitated by a lawsuit filed by several human rights organizations, including the Dutch branch of Oxfam, which argued that the exported F-35 parts were likely to be used in operations infringing upon international law. The court concurred, stating, “It is undeniable that there is a clear risk the exported F-35 parts are used in serious violations of international humanitarian law.”
This judgment marks a pivot from an earlier decision by a lower court, which stopped short of ordering a halt on exports despite acknowledging the potential contribution of F-35s to war law violations. In contrast, the appeals court emphasized that political and policy considerations could not outweigh the apparent risk of international law breaches.
Furthermore, the court noted the likelihood of the F-35s being employed in attacks on Gaza, leading to civilian casualties, and rejected the Dutch government’s argument against the necessity of re-evaluating the export permits. The Netherlands, hosting one of the regional warehouses for US-owned F-35 parts, has been a key link in the distribution chain of these components, including to Israel.