Landmark Ruling Looms: Will Netherlands Cut F-35 Parts Supply to Israel?

A landmark ruling with the potential to disrupt a major international defense supply chain is expected from the Dutch Supreme Court. The court will decide whether to uphold a ban on the transfer of F-35 fighter jet parts to Israel, a case that has pitted human rights law against government foreign policy.
The legal challenge was mounted by three Dutch rights organizations that argue the shipments make their country complicit in alleged war crimes in Gaza. The case has become a focal point for activism against the war, which was triggered by Hamas’s attack on Israel on October 7, 2023.
The government is appealing a February 2024 decision by an appellate court that ordered an immediate stop to the exports. That court cited a “clear risk” of the parts being used in violations of international humanitarian law, a finding the government strongly contests. The government maintains that such assessments are political, not judicial.
Central to the government’s appeal is the argument of sovereignty in foreign affairs. It claims that courts should not have the power to dictate the country’s international relationships and security policies. Additionally, it has pointed out the practical reality that the U.S.-owned parts could be shipped from other locations if the Dutch route is closed.
The Supreme Court’s decision will be delivered against a backdrop of mounting international pressure on Israel over the high number of civilian casualties in Gaza. The actions of other European nations, such as Slovenia’s ban on weapons trade and Spain’s halt of arms sales, indicate a growing trend of using economic and logistical measures to influence the conflict.