The final act of a dramatic legal case concerning the export of F-35 parts to Israel is about to play out at the Dutch Supreme Court. A ruling is imminent on the government’s appeal against a ban imposed by a lower court over the Gaza war.
The case has been a legal rollercoaster since it was filed in late 2023 by three human rights groups. Their lawsuit, which accuses the government of complicity in alleged war crimes, has successfully navigated the judicial system to reach the highest court.
The turning point was a February 2024 ruling by an appeals court, which ordered an immediate halt to the shipments. This decision set a high bar for the government, which is now making its final arguments that the judiciary has overstepped its authority and that the ban is practically ineffective.
The government’s defense has centered on the argument that foreign policy is its exclusive domain and that the U.S.-owned parts would reach Israel regardless of a Dutch court order. This has been countered by a non-binding opinion from a court advisor recommending the appeal be rejected.
As the Supreme Court prepares to deliver the closing chapter, the conflict that sparked the lawsuit continues. The war, which began on October 7, has created a global context of heightened scrutiny for military exports, making the Dutch court’s final word a moment of international significance.