A Dutch court has dismissed a claim from human rights organizations alleging that the Netherlands is circumventing a court order to cease sending F-35 fighter jet parts to Israel, potentially for use in Gaza. The Hague District Court ruled that the Dutch government has not violated the earlier ruling, as claimed by Oxfam Novib, Pax Nederland, and The Rights Forum.
In February, an appeals court instructed the Dutch government to stop exporting F-35 fighter jet parts to Israel due to concerns about potential violations of international law if used in Gaza. While the Dutch government appealed this decision to the Supreme Court, it stated compliance by halting direct exports to Israel in the interim.
However, the human rights groups argued that the Netherlands was bypassing the ban by sending the parts to the United States, which then forwarded them to Israel. The court's ruling on Friday stated that the organizations had misinterpreted the earlier judgment.
The aid groups expressed disagreement with the court's decision and are contemplating further legal action, emphasizing their stance against the Netherlands' involvement in potential violations of the laws of war by Israel in Gaza.
During a hearing in June, the Dutch government highlighted challenges in tracking the parts post their departure from the Netherlands and cautioned against imposing additional restrictions. The government's lawyer warned that restricting further exports of F-35 parts to countries other than Israel could jeopardize supplies to various militaries globally amid heightened international tensions.
The Netherlands hosts one of three F-35 European regional warehouses, adding complexity to the situation.
The conflict in Gaza commenced with a surprise attack by Hamas on Israel on Oct. 7, resulting in casualties and hostages. Subsequent Israeli ground operations and airstrikes have led to significant loss of life in Gaza, with over 38,000 fatalities reported by the territory's Health Ministry, without distinguishing between combatants and civilians.
The war has caused extensive destruction in Gaza, displacing a majority of its population multiple times. Humanitarian aid efforts have been impeded by Israeli restrictions, violence, and breakdown of law and order, leading to widespread hunger and fears of famine.
The Dutch Supreme Court is set to address the broader case in September.
