Netherlands to challenge court ruling blocking F-35 spare part exports to Israel

The Dutch State said it will appeal a decision barring the Netherlands from delivering F-35 fighter jet parts to Israel. The ruling issued on Monday from the Appeals Court of The Hague overturned an earlier decision, saying that "there is a clear risk that Israel’s F-35 fighter jets might be used in the commission of serious violations of international humanitarian law."

The decision effectively bans the export of F-35 parts to Israel from February 19. "Israel does not take sufficient account of the consequences of its attacks for the civilian population. Israel’s attacks on Gaza have resulted in a disproportionate number of civilian casualties, including thousands of children," the court noted.

It added that prior treaties and international agreements forbid the Netherlands from exporting military equipment "if a clear risk of serious violations of international humanitarian law exists." The court case was brought by Oxfam Novib, Vredesbeweging PAX Nederland and The Rights Forum.

"Of course the government respects the Court of Appeal’s judgment and will implement it," said the Ministry of Foreign Affairs in a statement. "In the government’s view, the distribution of American F-35 parts is not unlawful. The government believes it is up to the State to its determine foreign policy." The ministry will argue that the verdict on Monday should have paid more attention to this position.

The ruling, and the Cabinet's response, happened on a day in which Dutch Prime Minister Mark Rutte scheduled meetings with Israeli Prime Minister Benjamin Netanyahu in Jerusalem, followed by a meeting with Palestinian leader Mohammad Shtayyeh in the West Bank. Israeli air strikes early on Monday targeted Rafah in the southern portion of the Gaza Strip, amid international pressure calling on Israel to curtail its offensive and demonstrate more regard for civilians and humanitarian aid.

The office of the Israeli leader said Netanyahu told Rutte "that Israel would not leave intact the terrorist battalions in Rafah and added that the war is expected to continue until total victory over Hamas." Rutte wrote on social media that he pressed Netanyahu for more humanitarian aid in Gaza, and the need to scale down the intensity of the Israeli military operation. He also planned to pressure the Palestinian government about urgently releasing all remaining hostages taken when Hamas invaded Israel on October 7.

The Dutch Ministry of Foreign Affairs noted that the F-35 program involves many international partners who will have to take over responsibilities from the Netherlands if it is unable to fulfil prior agreements. During the later phases of development for the F-35, also known as the Joint Strike Fighter, the Netherlands won the bid for an engine testing facility now operating in Woensdrecht, Noord-Brabant. The facility was the result of a 30-year deal with engine manufacturer Pratt & Whitney, and now serves as a maintenance facility with equipment, spare parts, and highly-specialized jobs.

"The government will do everything it can to convince allies and partners that the Netherlands remains a reliable partner in the F-35 project and in European and international defence cooperation," the ministry wrote. "That cooperation is important for the Netherlands’ own national security. But it’s also essential for Israel, because the F-35 aircraft is crucial for Israel’s security, in particular with regard to threats emanating from the region, for instance from Iran, Yemen, Syria and Lebanon."

In the meantime, the government will try to convince allies and partners "of the continued reliability of the Netherlands in the F-35 project". There is a lot at stake, Van Leeuwen fears. He thinks it is still too early to say whether the Netherlands, for example, could lose the logistics hub for F-35s in Woensdrecht in Brabant. He will "consult with partners to ensure that this does not happen".