Dutch Court rules on the Government to review F-35 Jet to Israel, as Protesters gather outside. Image credit: RIBA Journal
(The Post News) – The Dutch Supreme Court on Friday directed the government to reconsider its suspended export license for F-35 fighter aircraft components headed to Israel. Judges believed that although exports remain suspended, the government is required to review within six weeks whether transfers risk infringing international humanitarian law.
Court vice-president Martijn Polak made the suspension official until a decision was taken again: “Until the minister makes a new decision about the export license, the current license remains in force and export of F-35 parts to Israel is forbidden.”
The case hinges on international law, the arms trade, and Dutch foreign policy. It occurs just weeks before the Dutch national elections to be held on October 29.
Supreme Court Overturns Appeals Ban
The Hague Court of Appeal instructed the government in February 2024 to stop exporting F-35 components on the grounds of a clear risk that the aircraft were being used in Israel’s Gaza campaign. The government appealed, arguing that foreign affairs are the prerogative of the executive rather than the courts.
Friday, the Supreme Court overturned the appeals decision, stating the court had “exceeded its powers.” However, it added that the government must re-evaluate the license on the basis of whether there is a real threat of serious violations of humanitarian law.
The ruling leaves the decision in the hands of the government, but maintains pressure on examining its export policy.
Three of the Netherlands’ human rights groups launched the suit late in 2023, complaining the Netherlands was becoming complicit in possible Israeli war crimes by supplying F-35 component parts.
Israel does not admit to committing war crimes, but rather states its military actions are against Hamas militants, not civilians. Nevertheless, Gaza’s Health Ministry documents over 66,200 Palestinians killed and nearly 170,000 wounded since October 7, 2023. The ministry estimates that about half of the victims are women and children.
The war was sparked by Hamas militants’ incursion into southern Israel, murdering some 1,200 people and taking 250 hostages. Israel claims 48 remain in captivity, with an estimated 20 believed still alive.
Netherlands’ Role in F-35 Supply Chain
The Netherlands has one of three regional U.S.-owned warehouses for F-35 parts in the region. The parts are exported to partner nations such as Israel. Dutch lawyers say halting shipment from Dutch soil may be symbolic, since the United States can deliver them directly.
However, the move adds to Europe’s broader debate regarding arms exports to Israel.
Slovenia banned all arms exports to Israel in August 2025, the first of its kind, it announced, by an EU member state. Spain halted arms sales in October 2023. The U.K. last year suspended some of its exports due to concerns that they could contravene international law. France and Belgium are constantly being litigated for their sales of weapons to Israel.
The Dutch government must re-examine the license within six weeks. If it finds that the risk of violating humanitarian law is significant, it will need to bar exports permanently.
Human rights campaigners call the decision a test of the Netherlands’ use of international law, while Ministry of Defence officials stress the place of the Netherlands in the NATO supply chain.
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