Dutch supreme court orders government to review license for F-35 parts exports to Israel

The Netherlands' highest court today (3 October) ordered the Dutch government to reconsider its suspended license for the export of F-35 fighter jet components to Israel, amid concerns the parts could be used in violations of international law.

The supreme court ruled that the suspension of exports will remain in effect while the government reassesses the license. Court Vice President Martijn Polak said the government has six weeks to complete the review.

The judgment overturned a decision by The Hague appeals court, which in February 2024 banned the transfer of F-35 parts to Israel, citing the risk they could be used to commit serious breaches of humanitarian law. That ruling prompted the government to suspend the exports.

Friday's ruling comes as Israel presses ahead with its devastating military campaign in Gaza and while the Netherlands faces political uncertainty ahead of national elections on October 29.

The case was initiated in late 2023 by three Dutch human rights groups who argued that supplying the F-35 parts made the Netherlands complicit in alleged war crimes by Israel in Gaza. Israel denies such allegations.

A district court first rejected the call for a ban, but the appeals court later ruled that shipments must stop. The Dutch government challenged that ruling, saying foreign policy decisions fall under the government's authority, not the courts.

In its written decision, the Supreme Court said the appeals judges "were not entitled to make their own assessment" about risks of serious violations of international humanitarian law. Instead, it said, the responsibility lies with the minister, who must reassess the export license based on that criterion.

The Dutch foreign ministry has not yet commented on the decision.

The Netherlands hosts one of three regional hubs for US-owned F-35 parts. Government lawyers have argued that even if the Netherlands blocks transfers, the United States could still ship the parts from elsewhere, making a ban ineffective.

According to Gaza's health ministry, Israel's war in Gaza has killed more than 66,200 Palestinians and wounded nearly 170,000 others since October 2023. The ministry does not distinguish between civilians and fighters but says women and children account for about half of the deaths. The figures are widely considered credible by the UN and independent monitors, although the ministry operates under Hamas rule.

The conflict began after Hamas-led militants stormed into Israel on October 7, 2023, killing about 1,200 people, mostly civilians, and taking roughly 250 hostages. Israel says Hamas continues to hold 48 captives, including around 20 believed to be alive.

Other European nations have also taken steps to restrict arms trade with Israel. Slovenia announced in August that it was banning all weapons imports, exports, and transit to and from Israel. The UK suspended some arms exports last year, while Spain halted sales in October 2023. Court cases on weapons transfers to Israel are also ongoing in France and Belgium.