Dutch Court Upholds F-35 Part Exports to Israel, Rejects Ban Claim

A Dutch court on Friday dismissed a claim by human rights groups accusing the Netherlands of circumventing a court order to stop sending F-35 fighter jet parts to Israel, potentially for use in Gaza.

The Hague District Court determined that Oxfam Novib, Pax Nederland, and The Rights Forum did not provide sufficient evidence that the Dutch government was defying the previous court decision.

In February, an appeals court instructed the Dutch government to cease exporting F-35 fighter jet parts to Israel, citing the risk of international law violations if they were used in Gaza strikes. Although the Dutch government appealed this ruling to the Supreme Court, it complied by halting direct exports to Israel.

Last month, the aid groups returned to court, claiming the Netherlands was bypassing the ban by sending parts to the United States, which then forwarded them to Israel. They requested a fine for this alleged violation.

The court’s Friday ruling stated that the organizations were “giving too broad an interpretation” to the previous judgment.

Disagreeing with the decision, the groups are considering further legal action. In a joint statement, they asserted, “It is unacceptable that the Netherlands remains knowingly complicit in violations of the laws of war by Israel in Gaza.”

At a June hearing, the Dutch government argued it could not track the parts once they left the Netherlands and warned against imposing more restrictions. Government lawyer Reimer Veldhuis cautioned that preventing further exports of F-35 parts to countries other than Israel could jeopardize supplies to global militaries using the advanced fighter jets, especially amid rising international tensions.

The Netherlands hosts one of three European regional warehouses for the F-35.

The conflict in Gaza began with Hamas’ surprise attack on Israel on October 7, killing around 1,200 people and taking 250 hostages.

Since then, Israeli ground offensives and bombardments have resulted in over 38,000 deaths in Gaza, according to the territory’s Health Ministry, which does not distinguish between combatants and civilians.

The war has caused extensive destruction in Gaza, displacing most of its 2.3 million residents, often multiple times. Israeli restrictions, ongoing fighting, and the breakdown of law and order have hindered humanitarian aid efforts, leading to widespread hunger and fears of famine.

The Dutch Supreme Court is scheduled to address the broader case in September.