The Netherlands’ highest court is set to deliver a landmark ruling that pits the government’s foreign policy authority against the judiciary’s interpretation of international law. The case centers on an appeal by the government to overturn a ban on the export of F-35 fighter jet components to Israel. This legal showdown has captured international attention, highlighting the growing tension between national interests and obligations under humanitarian law.
The legal challenge was initiated in late 2023 by a coalition of three Dutch human rights organizations. They contend that by supplying these parts, the Netherlands becomes complicit in potential war crimes allegedly committed by Israel during its military operations in Gaza. The groups have presented evidence arguing that the fighter jets are being used in ways that violate international conventions, making the continued transfer of parts legally and morally untenable.
Initially, a district court in The Hague sided with the government, rejecting the proposed ban. However, this decision was dramatically overturned in February 2024 when an appeals panel intervened. The panel ordered an immediate halt to all shipments, citing a “clear risk” that the F-35 parts could be used in serious violations of international humanitarian law. This ruling forced the government’s hand, prompting the current appeal to the Supreme Court.
In its defense, the Dutch government has argued that matters of foreign policy and national security are the exclusive domain of the executive branch, not the courts. Government lawyers also maintain that a Dutch ban would be largely symbolic and ineffective, as the United States, which owns the parts stored in a regional warehouse in the Netherlands, would simply find alternative routes to supply Israel.
The conflict, which began after Hamas’s attack on October 7, 2023, has resulted in significant casualties. According to Gaza’s Health Ministry, whose figures are considered reliable by U.N. agencies, Israel’s campaign has led to tens of thousands of deaths. The war has also spurred legal and political challenges across Europe, with countries like Spain and the U.K. suspending some arms sales to Israel, reflecting a continent-wide debate on the issue.