Dutch Court Orders Netherlands Gov’t to Halt Exports of F-35 Parts to Israel, Citing Breach of Humanitarian Law
Demonstrators hold flags during a protest outside the court building, amid the court case of human rights groups who seek to block the Dutch government from exporting F-35 fighter jet parts to Israel,
Oded Yaron reports for The Associated Press and Reuters
A Dutch appeals court on Monday ordered the government to block all exports of F-35 fighter jet parts to Israel over concerns they were being used in violations of international law during Israel’s Gaza offensive.
“It is undeniable that there is a clear risk the exported F-35 parts are used in serious violations of international humanitarian law,” the court said.
It said the state had to comply with the order within seven days and dismissed a request by government lawyers to suspend the order during an appeal to the Supreme Court.
It said the state had a large degree of freedom when it comes to weighing political and policy issues in deciding on arms exports. That was dismissed by the appeals court on Monday, which said political and economic concerns did not trump the clear risk of violations of the laws of war.
The case against the Dutch government was brought by several human rights groups, including the Dutch affiliate of Oxfam, last December.
Israel’s aerial and ground offensive in the densely populated Gaza Strip has killed more than 27,000 Palestinians, according to the Hamas-run enclave’s health authorities, and displaced most of its 2.3 million people from their homes.
The decision of the court in the Netherlands damages a critical link in the supply and maintenance chain of the F-35 aircraft in Israel, because it does not concern only the parts produced in the country (more than 25 Dutch companies are involved in the production of parts for the F-35), but for all the aircraft’s parts, including those manufactured in the United States.
The decision concerns the parts handled at the logistics center at the Netherlands Air Force base in Wandsderecht. The center was opened in 2019 and is responsible for managing the entire stockpile of spare parts intended for this type of aircraft in Europe and Israel. In 2021, an advanced maintenance center will also be opened at the base to handle the engines of F-35 aircraft from Europe and Israel.