The final say on whether the Netherlands can legally allow F-35 fighter jet parts to be shipped to Israel rests with the nation’s top court. The Supreme Court is set to rule on a government appeal against a ban imposed by a lower court over the Gaza war.
The legal challenge was mounted by a coalition of three human rights organizations, which argued that the shipments made the Netherlands complicit in alleged war crimes. Their lawsuit has become one of the most significant legal challenges to European support for Israel’s military campaign.
After an initial setback, the groups won a landmark victory in an appeals court in February 2024. The court ordered an immediate halt to the transfers, citing a “clear risk” of the parts being used to violate international law. The government’s appeal seeks to overturn this decision.
The government’s case is built on the separation of powers, arguing that foreign policy is not the domain of the courts. It also emphasizes the practical argument that the U.S.-owned parts would reach Israel regardless of a Dutch embargo.
The ruling is awaited amid ongoing international debate about the Israel-Hamas war, which began on October 7, 2023. The case is seen as a bellwether for how national courts will handle the complex legal and ethical questions raised by the conflict.
