Uphold ban on exporting F-35 parts to Israel, Advocate General tells Dutch Supreme Court

The ban on the Dutch export of F-35 components to Israel should be upheld, Advocate General Paul Vlas advised the Supreme Court. The Dutch State went into cassation against the ban implemented by an appeals court earlier this year.

The appeals court “was justified in finding that there is a clear risk that Israel’s F-35 fighter jets are being used to commit serious violations of international humanitarian law in the Gaza Strip,” the Advocate General said.

Because the Dutch government did not sufficiently weigh this risk, the appeals court was allowed to declare the export permit invalid, the Advocate General said. “Under various international regulations to which the Netherlands is a party, exports of military goods must be banned if such a clear risk exists.”

Vlas advised the Supreme Court to uphold the export ban. The Advocate General’s advice carries great weight at the Supreme Court, but it has happened that judges deviate from it.

Three human rights organizations filed a lawsuit to stop the Netherlands from delivering F-35 parts to Israel. Oxfam Novib, PAx, and The Rights Forum argued that the Netherlands contributed to the genocide in Gaza because Israel uses its F-35 jets to bombard the civilian population in the coastal strip.

Since the Hamas attack in Israel on October 7 last year, in which 1,137 people were killed, Israel has killed nearly 45,000 people in Gaza, including at least 17,492 children, Al Jazeera reported.

The Dutch government argued that the court could not decide on foreign policy if there was sufficient parliamentary support for sending fighter jet parts to Israel. Only an international court could assess whether Israel was violating genocide treaties, the Dutch government argued. The Netherlands is also bound by international military agreements about the fighter jets, the government said.

Last year, the court agreed with the State’s argument and allowed the Netherlands to keep exporting F-35 parts to Israel. However, the court of appeal surprisingly ruled against the State, saying there was a real risk that Israel would use the exports to violate the law of war.

The government appealed the verdict to the Supreme Court but has stopped direct deliveries to Israel in the meantime. Dutch spare parts still ended up in Israel via detours. According to the government, it is impossible to verify the final destination of parts delivered to an international military pool.

The Supreme Court will likely rule early next year.