Dutch Court Orders Reassessment of F-35 Export License to Israel

The Hague, Oct 3 (AP) The Netherlands' highest court has mandated that the Dutch government re-evaluate its currently suspended license for exporting F-35 fighter jet components to Israel. This directive responds to concerns that these parts may be utilized in violations of international law.

The Supreme Court has maintained an export suspension while the government reviews the license.

In a recent decision, the Supreme Court stated that an appeals court in The Hague overstepped its bounds earlier this year when it prohibited the transfer of F-35 parts to Israel. The prohibition was based on worries they might be used in ways that breach international law. This led to the government suspending the exports.

According to Supreme Court Vice-President Martijn Polak, the government has a six-week window to reassess the license.

This development unfolds as Israel presses on with its intense military campaign against Hamas in Gaza. The timing coincides with a period of political uncertainty in the Netherlands, with national elections slated for October 29 and the government currently functioning in a caretaker capacity.

The case originated in late 2023, initiated by three Dutch human rights organizations. They contend that supplying F-35 parts implicates the Netherlands in potential war crimes by Israel during its conflict with Hamas. Israel refutes allegations of war crimes in its operations in Gaza.

The district court in The Hague initially dismissed the prohibition, but in February 2024, an appeals panel instructed the Dutch government to stop shipments of F-35 parts to Israel, citing a significant risk of international law violations. The government challenged this, asserting that foreign policy decisions fall within its remit, not that of the courts.

Last November, a legal adviser to the Supreme Court gave a non-binding recommendation against the government’s appeal.

The Netherlands hosts one of three regional warehouses for US-owned F-35 parts. Government lawyers argue that prohibiting transfers from the Netherlands would be ineffective, as the United States would still supply the parts.

According to Gaza's Health Ministry, more than 66,200 Palestinians have been killed and nearly 170,000 injured due to Israel's offensive. Though the ministry does not distinguish between civilians and militants in its count, it reports that women and children constitute roughly half of the fatalities.

The ministry operates under the Hamas-run government, and UN agencies along with many independent experts regard its statistics as the most credible estimation of wartime casualties.

The conflict began on October 7, 2023, after an incursion by Hamas militants and others into Israel, resulting in the deaths of approximately 1,200 people, mostly civilians, and about 250 hostages taken. Hamas currently holds 48 hostages, with Israeli estimates suggesting that about 20 remain alive.

In a largely symbolic decision, Slovenia declared in August it would ban the import, export, and transit of all weapons to and from Israel, marking the first such action by an EU member.

Last year, the UK government halted the export of some weapons to Israel due to concerns about potential violations of international law. Spain also announced a cessation of arms sales to Israel in October 2023. Additionally, legal proceedings are underway in France and Belgium concerning arms transactions with Israel. (AP) NPK NPK

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