15 December 2023

Hague court rejects bid to ban transfer to Israel of F-35 parts from Netherlands

15 December 2023

A Dutch court has rejected a request by a group of human rights and humanitarian organisations to order a halt to the transfer to Israel of parts for F-35 fighter jets.

The organisations went to court on December 4 arguing that delivery of parts for F-35 jets makes the Netherlands complicit in possible war crimes being committed by Israel in its war with Hamas.

The parts are stored in a warehouse in the Dutch town of Woensdrecht.

The warning that the fighter jets can contribute to serious breaches of the laws of war does not, for the (Dutch) state, outweigh its economic interests and diplomatic reputation

In a written statement, the Hague District Court said the judge who heard the civil case concluded that the government of the Netherlands “weighed the relevant interests” before agreeing to the delivery of parts.

Lawyer Liesbeth Zegveld told the court that the Dutch government decided to continue transferring F-35 parts to Israel even after the deadly October 7 attacks by Hamas triggered the Israel-Hamas war.

“The warning that the fighter jets can contribute to serious breaches of the laws of war does not, for the (Dutch) state, outweigh its economic interests and diplomatic reputation,” Ms Zegveld said.

Government lawyer Reimer Veldhuis told the judge hearing the civil case that a ban on transfers from the Netherlands would effectively be meaningless as “the United States would deliver these parts to Israel from another place”.

It was not immediately clear if the groups that brought the civil case would appeal.

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