Dutch Court Orders Halt to F-35 Part Exports to Israel
A Dutch court mandated the immediate cessation of F-35 fighter jet part exports to Israel over war crimes in Gaza.
Injured Palestinians, including children are brought to Kuwait Hospital for treatment following Israeli attacks on Rafah City in the south of Gaza on February 12, 2024. Photo by Anadolu Images.
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n a decision with potential global ramifications, a Dutch court has mandated the immediate cessation of F-35 fighter jet part exports to Israel, citing concerns that these components may be employed in airstrikes on the Gaza Strip, violating international humanitarian law. The verdict is expected to influence other nations and elevate political pressure on Israel to conform to international legal standards.
The ruling, issued on Monday, emphasizes a “clear risk” that the exported F-35 parts might be used in actions constituting war crimes. The Dutch government has been given seven days to comply with the order, with an option to file an appeal with the Supreme Court.
The legal proceedings were initiated in December by a coalition of organizations, including Oxfam and Amnesty, seeking accountability for potential violations of international law by the Dutch government. Dirk-Jan Jalvingh, Oxfam’s policy advisor on conflict and humanitarian response, remarked that the court’s decision is a crucial step to ensure adherence to international obligations.
Compliance with international legal obligations
Jalvingh highlighted the fact that despite the Dutch government’s continuous supply of military equipment to Israel, the primary objective of the legal action is to compel compliance with international legal obligations. The court’s ruling underscores the government’s violation of its own obligations and mandates an immediate halt to the arms exports.
The court’s decision comes after previous legal actions faced rejection in December, with the court citing the government’s considerable means to evaluate political and policy considerations related to arms exports. However, the appeals court overturned this argument, asserting that political and economic considerations should not supersede the evident danger of breaches of the laws of war.
Before resorting to legal action, humanitarian groups engaged in discussions with Dutch officials, including Prime Minister Mark Rutte. Jalvingh stated that these conversations were largely unproductive, with the Dutch government claiming insufficient information regarding violations of humanitarian law and emphasizing Israel’s right to self-defense.
A regional warehouse for spare components
The significance of the Netherlands in supplying F-35 parts lies in hosting a regional warehouse for spare components, serving various countries, including Israel. Jalvingh believes that the court ruling may set a precedent, influencing other European nations to reconsider their arms exports to Israel, aligning with international legal obligations.
The Dutch government, however, announced its intention to file an appeal with the Supreme Court against the ruling. It maintains that the distribution of American F-35 parts is not unlawful and underscores the aircraft’s importance for Israel’s security.
The unfolding situation raises questions about potential impacts on Israel’s procurement of F-35 parts from other European countries and the broader international response. As the Dutch court’s decision reverberates, it could reshape the discourse around arms exports and international accountability in conflict zones, with the hope of positively impacting the people of Gaza amid ongoing hostilities.
Source: Anadolu Agency
