The question of complicity in alleged war crimes is at the center of a high-stakes legal hearing at the Dutch Supreme Court. The government is appealing a ban on the transfer of F-35 fighter jet parts to Israel, a case brought forward by human rights groups who claim the Netherlands is enabling violations of international law in Gaza.
The lawsuit, filed by three organizations late last year, is rooted in the immense human cost of the war that erupted after Hamas’s attack on October 7, 2023. The rights groups point to the casualty figures from Gaza’s Health Ministry, which reports over 66,200 Palestinians killed and nearly 170,000 injured, as evidence of the severe impact of Israel’s military operations, in which F-35 jets play a role. Israel has consistently denied committing war crimes.
The Netherlands plays a crucial logistical role in the F-35 program, hosting one of three global warehouses for the U.S.-owned parts. This strategic position has placed the country at the forefront of the legal and ethical debate over supplying military components to a nation engaged in a conflict with such high civilian casualties.
The legal path to the Supreme Court has been contentious. While a district court initially allowed the exports to continue, a February 2024 appeals court ruling reversed this, imposing a ban due to the clear risk of the parts being used to commit serious violations of humanitarian law. This ruling forced the government’s hand, leading to the current appeal.
The government’s defense rests on two main pillars: that foreign policy is its exclusive jurisdiction, and that a Dutch ban would ultimately be ineffective. They argue the United States, as the owner of the parts, would find alternative ways to supply Israel, rendering the Dutch court’s decision moot. The Supreme Court’s final ruling is now awaited to resolve this profound moral and legal conflict.