A High-Stakes Appeal: Will Dutch Government Win Back Right to Ship F-35 Parts?

The Dutch government is hoping the Supreme Court will restore its authority to ship F-35 fighter jet parts to Israel in a high-stakes appeal of a lower court ban. The case has become a major test of the government’s control over foreign and security policy.
The ban was the result of a successful lawsuit by three human rights groups, who argued that the Netherlands was complicit in potential war crimes in Gaza. Their legal victory in an appeals court in February 2024 set a precedent that the government is now seeking to erase.
The government’s case to the Supreme Court rests on the argument that the judiciary should not interfere in the sensitive domain of international relations. It also maintains that the ban is ineffective, as the U.S.-owned parts would be delivered to Israel through other channels.
This pragmatic argument is being challenged not only by the rights groups but also by a non-binding opinion from a Supreme Court legal advisor, who recommended that the government’s appeal be rejected. This has added to the pressure on the government ahead of the final ruling.
The context for this legal battle is the ongoing war between Israel and Hamas, which was triggered by the October 7 attack. The conflict’s devastating impact on civilians in Gaza has made military exports to Israel a highly contentious issue across Europe, with several countries and courts taking action.