Court of Appeal: The Netherlands must stop exporting F-35 parts to Israel

The Netherlands must stop exporting F-35 parts to Israel. The court in The Hague decided this on appeal. Deliveries must be stopped within seven days of the court’s ruling.

“Israel does not sufficiently take into account the consequences for the civilian population when conducting its attacks,” the judges wrote. “The court finds that there is a clear risk that serious violations of the humanitarian law of war will be committed in the Gaza Strip with Israel’s F-35 fighter planes.”

Oxfam Novib, Pax Nederland and The Rights Forum had taken the Dutch State to court to stop the export. They believe the export of the F-35 parts violates the laws of war, because the Netherlands knows that the fighter planes are used for attacks on the Gaza Strip. Undeniable risk

Previously, the judge in The Hague ruled that deliveries could continue. The court now rules differently. Unlike the lower court, the Court does not find that the government’s position “that the situation in Gaza is too complex to establish that Israel is seriously violating international humanitarian law.”

“The fact that a definitive legal judgment cannot be given at this time on the question of whether Israel is seriously violating international humanitarian law is self-evident,” the judge continued. "The court does not give that judgment either. But that is not the point in this case. The only point in this case is whether there is a clear risk that the F-35 parts exported to Israel will be used in the commission of serious crimes. violations of humanitarian law. The court finds that it is undeniable that this is a clear risk."