Dutch gov't must process Palestinian asylum requests; Will keep exporting F-35 parts

Outgoing State Secretary Eric van der Burg (Justice and Security) must process asylum applications from people from the Palestinian territories, the Council of State ruled on Wednesday. Van der Burg temporarily froze Palestinian applications in December, but according to the Council of State, his decision was unsubstantiated and not based on the most current information. Minister Liesje Schreinemacher (Foreign Trade) also informed parliament that the Netherlands would keep exporting parts for F-35 fighter jets.

On December 19, Van der Burg announced that the Immigration and Naturalization Service (IND) would not make any decisions on applications from Palestinian asylum seekers for six months. Palestinian asylum seekers who have already exhausted their legal remedies would also not be sent back to the Gaza Strip for the time being.

The reason for the decision was the Israeli attacks on the Gaza Strip in response to a Hamas terrorist attack. According to the State Secretary, the security situation in the Palestinian territories was uncertain at the time, and it was unclear how it would develop further.

Palestinian asylum seekers objected to that decision, arguing that the situation in Gaza is not uncertain but unsafe and also not temporary. The State Secretary should, therefore, decide on asylum applications within the legal period. Given that Israel is still bombing Gaza, there is a good chance that Palestinian asylum requests will be granted.

The Council of State agrees that the information on which Van der Burg based his decision was “no longer current enough.” He did not sufficiently consider the developments in Gaza from early November to December 19, both the fighting and the deteriorating humanitarian situation.

The IND must now assess the applications of several dozen Palestinians who fled to the Netherlands. The IND has a massive backlog in processing applications.

VluchtelingenWerk is pleased with the Council of State’s ruling. “People from Gaza have been in uncertainty for a long time, while this was not necessary.” The Dutch council for refugees “emphatically” asked Vand er Burg to give priority to the asylum requests of Palestinians who still have relatives in Gaza.

On October 7, Hamas committed a terrorist attack in Israel, killing around 1,139 people. Israel immediately responded with large-scale military attacks on the Gaza Strip and hasn’t stopped bombing the Palestinian territory ever since. As of 4:00 p.m. on April 23, local time, Israeli attacks have killed 34,183 people in the Gaza Strip, including over 14,500 children. Over 77,143 people are injured, and more than 8,000 are missing under the rubble, Al Jazeera reported based on figures from the Palestinian Ministry of Health.

F-35 exports

The export of F-35 parts produced in the Netherlands to countries other than Israel will continue, Minister Schreinemacher wrote to parliament. According to her, these exports are not part of the court ruling that banned the Netherlands from sending fighter jet parts stored in the logistics center in Woensdrecht to Israel.

The Dutch parts will go to the United States, among other things, to produce new F-35s. Schrenemacher said she does not know where those aircraft will go. The U.S. is a firm supporter of Israel in its war on Palestine. The Dutch Minister also said it takes several years between the export of pats and the delivery of fighter jets. The government considers it “unlikely that goods produced in the Netherlands since the ruling now end up in Israeli F-35 aircraft.”

In February, the Court of Appeals in The Hague ruled that the Dutch State must stop “any (actual) export and transit of F-35 parts with final destination Israel.” According to the court, there is a real risk of Israel using those fighter jets, kept up and running with parts delivered by the Netherlands, to commit serious violations of humanitarian law of war in the Gaza Strip.

According to Schreinemacher, the Dutch government is not trying to circumvent the court’s ruling. She said there have been no requests “to look for alternative routes to still be able to supply parts to Israel.” However, the government does have contact with F-35 partner countries about the program.

The court leaves room for parts to be sent to Israel, provided the country doesn’t use the F-35 fighter jets in attacks on Gaza. The Dutch Cabinet is discussing this with Israel. Prime Minister Mark Rutte previously told parliament that he did not expect Israel would agree to this.

The Dutch government appealed against the ruling. The Supreme Court is not expected to rule before the end of this year, Schreinemacher said.