The Netherlands’ highest court instructed the Dutch government on Friday to reassess the suspended license for exporting F-35 jet parts to Israel, amid concerns about potential violations of international law, according to a report by the Associated Press.
The case was initially filed in late 2023 by three Dutch human rights organizations, who claimed that supplying F-35 parts implicates the Netherlands in potential war crimes committed by Israel in its conflict with Hamas.
The Supreme Court stated that the export suspension will stay in effect as the government conducts a reassessment of the license. Vice-President Martijn Polak noted that the government has six weeks to complete the review. The court also found that the appeals court in The Hague ‘overstepped its authority’ when it prohibited the export of F-35 components to Israel in February 2024.
“The Court of Appeal was not entitled to make its own assessment of whether there is clear risk of serious violations of international humanitarian law,” the Supreme Court said in a written summary of its ruling, adding that “The minister must reassess the license based on that criterion.”
The Hague’s district court initially dismissed the proposed ban, but in February 2024, an appeals panel instructed the Dutch government to stop exporting F-35 fighter jet components to Israel, citing a significant risk of breaching international law.
The Netherlands hosts one of three regional hubs for U.S.-owned F-35 components. According to Dutch government lawyers, restricting transfers from the country would be ineffective, as the United States could still supply the parts through other channels.
Foreign Minister David van Weel welcomed the court’s decision and said he would reach a conclusion within six weeks, though he indicated that, considering the current situation in Gaza, a resumption of exports is unlikely. Michiel Servaes, representing one of the rights groups behind the case, expressed disappointment with the ruling and emphasized that the required reassessment should lead to only one result, maintaining the export ban.
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