The Netherlands must stop delivering parts of F-35 fighter jets used by Israel in the Gaza Strip, the Hague Court of Appeal ruled on Monday February 12, ruling in favor of rights organizations humans. In its decision, the Dutch court ordered the State to “cease all actual export and transit of F-35 parts to final destination Israel within seven days of service of this judgment.”
According to the court, these parts risk being used in actions that violate international humanitarian law, such as strikes against civilians in the war between Israel and Hamas. Furthermore, the court ruled that maintaining good relations with the United States and Israel, at stake in this case according to the Dutch state, was not a good argument for continuing to export the parts.
The court thus annulled the verdict delivered at first instance in this case. Indeed, the District Court of The Hague ruled in December 2023 that the provision of the documents was above all a political decision in which judges should not interfere.
Alleged violations of international law
A collective of human rights organizations filed the lawsuit, arguing that the provision of these documents contributes to Israel’s alleged violations of international law in its war against the Palestinian Islamist movement Hamas.
The case concerns F-35 parts owned by the United States and stored in the Netherlands, from where they are sent to partner countries, including Israel, under export agreements. Dutch authorities said in November that they were unclear whether they had the right to intervene in deliveries made as part of a US-led operation to provide spare parts for all of the country’s F-35s. partner countries.