The Appeals Court in The Hague issued a significant ruling on Monday, mandating that the Netherlands cease sending spare parts for Israel’s F-35 fighter jets due to concerns that the US-made aircraft might be utilized in “serious violations of international humanitarian law” against Palestinians.
Several human rights groups initiated a lawsuit in December, prompting a lower court to initially categorize the sale of fighter-jet parts as a political decision. However, the appeals court diverged from this stance, asserting that the Netherlands must prevent the export of military goods if there is a clear risk of serious violations of humanitarian law in war.
Presiding Judge Bas Boele outlined a potential future scenario where the Dutch government could export F-35 parts to Israel, but with the condition that they are not utilized in operations in Gaza.
Michiel Servaes, director of Oxfam Novib, one of the groups involved in the litigation, expressed hope that the ruling would fortify international law, offering protection to the citizens of Gaza.
The Dutch government is required to comply with the court order within seven days, as its request to suspend the order pending appeal to the Supreme Court has been rejected.
The F-35 parts in question are owned by the US but stored and dispatched from a regional warehouse in the Netherlands to countries within the F-35 consortium, including Israel, which received at least one shipment since October last year.
Trade Minister Geoffrey van Leeuwen defended the delivery of US F-35 parts to Israel, stating it is justified as the jets enable West Jerusalem to defend itself from threats posed by Iran, Yemen, Syria, and Lebanon.
The court’s decision comes against the backdrop of heightened tensions in the region, marked by a series of raids by Hamas in October, resulting in an estimated 1,200 Israelis killed. Israel responded by declaring “war” on Hamas, leading to an offensive against Gaza. The conflict has displaced most of Gaza’s two million residents, with over 28,000 Palestinians reported killed, according to local authorities.
Israel denies committing war crimes or violating humanitarian law in Gaza, with Prime Minister Benjamin Netanyahu insisting that the majority of Palestinians killed were “terrorists” and Hamas fighters. Last month, the International Court of Justice ordered West Jerusalem to “prevent acts of genocide” in its war against Hamas, based on a complaint from South Africa, prompting calls from human rights groups to halt weapon sales to Israel.