The final round of a protracted legal battle between the Dutch government and human rights groups over F-35 parts for Israel is now before the Supreme Court. The court’s ruling will determine whether the government must adhere to a ban on the controversial shipments.
The conflict began when three organizations sued the state, demanding it stop facilitating the transfer of military components used in the Gaza war. They argued that continuing the shipments made the Netherlands an accessory to alleged violations of international humanitarian law.
After an initial loss, the human rights groups won a decisive victory at an appeals court in February 2024, which imposed the ban. This set the stage for the government’s final appeal, in which it has argued that the judiciary is meddling in foreign policy.
A key part of the government’s defense is the claim that the ban is symbolic but impractical. Since the F-35 parts in the Dutch warehouse are owned by the U.S., state lawyers argue that Washington would ensure their delivery to Israel regardless of the court’s decision.
The case is a stark illustration of the legal fallout from the Israel-Hamas war, which was initiated by the October 7 attack. The unprecedented scale of the conflict has led to numerous challenges to Western military support for Israel, with the Dutch case being one of the most significant legal tests to date.
