Dutch State didn't violate F-35 supply ban to Israel by exports to other countries

There is no reason to fine the Dutch State for violating the ban on delivering parts for F-35 fighter jets to Israel, the court in The Hague ruled on Friday in a case brought by Oxfam Novib, PAX Nederland, and The Rights Forum. According to the court, the Netherlands did not violate the ban by sending F-35 parts to countries known to supply Israel.

On February 12, the court ordered the Netherlands to cease all export and transit of F-35 parts with Israel as the final destination. If the Dutch government failed to do so within seven days of the ruling, it would face a fine of 50,000 euros per day of violating the ban.

According to the human rights organizations, the Netherlands failed to adhere to this ban because it only stopped exports for which it has been established that their final destination is Israel. Exports to other countries, like the United States, which is known to send parts to Israel, continued.

The court in The Hague ruled that the Dutch State was not in violation of the ban. The February ruling only prohibits the export and transit of F-35 parts directly to Israel. “The court did not say anything about the routes that parts travel via other countries,” the Hague court ruled.

According to the judge, the foundations gave too broad an interpretation of the February ruling. “It has not been shown that the State does not or does not want to comply with the court’s conviction,” the court said. “The ban that the court has imposed on the State will, of course, remain in force, but there is no penalty for violation.”