A Dutch court has rejected a lawsuit by human rights organisations against the supply of parts for F-35 fighter jets used by Israel in its war in the Gaza Strip.
The Hague District Court ruled that it would not stop the exports. According to the judges, the supply of parts is a decision by politicians in which judges should not interfere. The court explained of the ruling:
“The considerations that the minister makes are to a large extent of a political and policy nature, and judges should leave the minister a large amount of freedom.”
Washington’s F-35 parts are stored in a warehouse in the Netherlands and then delivered to several partners, including Israel, under existing export agreements.
Dagmar Oudshoorn, director of Amnesty International in the Netherlands, said that as the host country “of both the International Court of Justice and the International Criminal Court,” the Dutch government “likes to present itself as a champion of international law.”
A number of non-governmental organisations including Amnesty International and Oxfam believe that the Netherlands is then engaged in a war.
The parts “allow real bombs to be dropped on real homes and on real families,” said Michiel Servaes, director of Oxfam Novib.
Dutch authorities said it was unclear whether they even had the authority to interfere with the supplies, which are part of a US-controlled operation. The government said in a letter to parliament:
“On the basis of current information on the deployment of Israeli F-35s, it cannot be established that the F-35s are involved in serious violations of humanitarian law of war.”
Government lawyers argue that if the Dutch did not supply the parts, Israel could easily have purchased them elsewhere.
The Netherlands has maintained that Israel “has the right to defend itself” and has called for Prime Minister Benjamin Netanyahu’s government to adhere to international law, but the groups said the IDF is clearly not doing so and should lose the support of the country.
The war in Gaza, which began after Hamas attacked Israel on 7 October, killing some 1,200 Israelis, mostly civilians, is now in its third month. Israeli bombardment of the enclave has drawn increasing criticism, even from the US, its closest ally. The war has killed more than 18,700 people, mostly women and children, and injured about 51,000, according to Gaza’s health ministry.
