The Dutch government is in its highest court fighting to overturn a powerful ruling that found a “clear risk” of its complicity in war crimes through the export of F-35 parts to Israel. The appeal hearing on Friday marks the climax of a legal battle that has pitted human rights obligations against state foreign policy.
The pivotal “clear risk” finding was made by a Dutch appeals court in February 2024. In a landmark decision, the court ordered the government to halt shipments of the U.S.-owned fighter jet components from a warehouse in the Netherlands. The judges concluded that the potential for these parts to be used in serious violations of international humanitarian law in Gaza was undeniable.
This ruling was a direct result of a lawsuit filed by three Dutch rights organizations. They brought the case in late 2023, shortly after the start of the Israel-Hamas war, arguing that the Netherlands could not stand by and facilitate the supply of military hardware being used in a conflict with such a high civilian death toll.
The government’s counter-argument before the Supreme Court is that the appeals court overstepped its authority. It maintains that assessing geopolitical risks and managing foreign relations is the sole responsibility of the government, not the judiciary. They also argue the ban is ineffective, as the parts could be shipped from elsewhere.
The context of the war remains critical, with Gaza’s Health Ministry reporting over 66,200 Palestinians killed. The Supreme Court must now weigh the appeals court’s stark warning of a “clear risk” against the government’s claims of political prerogative in a decision with far-reaching consequences.