On October 3rd local time, the Dutch Supreme Court ruled that the government must re-evaluate its license to export F-35 fighter jet parts to Israel, and at the same time grant a six-week review period, during which time the relevant exports will continue to be suspended.
The incident stems from the outbreak of the Israeli-Palestinian conflict, when several human rights organizations sued the Dutch government, alleging that the F-35 parts it exported posed a clear risk of being used by Israel in the Gaza Strip, violating international humanitarian law and infringing international treaties to which the Netherlands is a party. In February 2024, the Hague Court of Appeal ruled to ban the export, but the Dutch government appealed the ruling to the Supreme Court, citing national security and diplomatic concerns.
While the Supreme Court did not uphold a blanket ban, it rejected the government’s previous assessment and directed it to focus on examining the risk of components being used in violation of international law and not to prioritize political and economic considerations over humanitarian principles. The Netherlands is a key link in the F-35 supply chain, and its export policies for related components are under close international scrutiny.
