The highest court in the Netherlands has instructed the Dutch government to re-examine its decision regarding the export of F-35 fighter jet parts to Israel. This follows concerns that the parts could be used in ways that violate international law. The court has mandated a reassessment of the export license, keeping the current suspension in place during this period.
The Supreme Court's decision reverses an earlier ruling by an appeals court in The Hague, which had banned the transfer of these parts in February 2024. The appeals court cited worries that the F-35 components could contribute to breaches of international humanitarian law during Israel's military actions.
While overturning the ban, the Supreme Court emphasized that the authority to assess such risks lies with the Minister of Foreign Trade, not the courts. The Minister now has six weeks to conduct a thorough review, considering the Strategic Equipment Decree and international agreements like the Arms Trade Treaty and EU regulations.
According to the Supreme Court, if the reassessment reveals a “clear risk that the goods to be exported will be used in committing serious violations of international humanitarian law,” the export license cannot be approved. This puts significant pressure on the Dutch government to carefully weigh its decision.
Foreign Minister David van Weel has acknowledged the ruling and stated that he will make a decision within the allotted timeframe. However, he hinted that resuming exports is unlikely given the ongoing situation in Gaza. Rights groups, including Oxfam Novib, expressed disappointment but remain hopeful that the reassessment will lead to a continued export ban.
Implications of the Ruling
This ruling highlights the complex balancing act governments face when exporting military equipment. It underscores the importance of adhering to international law and considering the potential impact of arms exports on human rights and humanitarian concerns. The Dutch government's decision will be closely watched by international observers and could set a precedent for other nations involved in arms exports.
The F-35 and its Role
The F-35 fighter jet is a key component of Israel's military capabilities. The Netherlands serves as a European hub for F-35 parts, making this export decision particularly significant. The ongoing conflict in Gaza has intensified scrutiny of arms exports to the region, further complicating the Dutch government's task.
What's Next?
- The Dutch government will conduct a reassessment of the export license within six weeks.
- International law and humanitarian concerns will be central to the decision-making process.
- The outcome will likely influence future arms export policies of other nations.