THE HAGUE: A Dutch appeals court ordered the government on Monday to block all exports of F-35 fighter jet parts to Israel over concerns they were being used in violation of international law during Israel’s Gaza bombardment.

It said the state had to comply with the order within seven days and dismissed a request by government lawyers to suspend the order pending an appeal to the Supreme Court.

“It is undeniable that there is a clear risk the exported F-35 parts are used in serious violation of international humanitarian law,” the court said.

The government said it would file an appeal at the Supreme Court, as it said the order had crossed the state’s responsibility to formulate its own foreign policy.

“The delivery of US F-35 parts to Israel in our view is not unjustified,” Trade Minister Geoffrey van Leeuwen said.

Van Leeuwen said it was too early to say what effect the verdict would have on Israel.

“We are part of a big consortium of countries that are also working together with Israel. We will talk to partners how to deal with this.”

The decision to appeal was unrelated to the “very concerning” situation in Gaza, he added.

In a separate legal case last month, the UN’s top court, the International Court of Justice, ordered Israel to take action to prevent acts of genocide in its fight against Hamas. The ruling prompted renewed calls by human rights groups to ban weapons’ exports to Israel.

The case against the Dutch government was brought by several human rights groups, including the Dutch affiliate of Oxfam, in December.

“We hope this ruling will strengthen international law in other countries so that the citizens of Gaza are also protected by international law,” Oxfam Novib director Michiel Servaes said in a statement.

Civilian casualties

In a first ruling in December, a Dutch lower court had stopped short of ordering the Dutch government to halt the exports, even though it said it was likely that F-35s contributed to violation of international law.

But where the lower court ruled the state had a large degree of freedom in weighing political and policy issues to decide on arms exports, the appeals court said such concerns did not trump the clear risk of breaches of international law.

The appeals court also said it was likely the F-35s were being used in strikes on Gaza, leading to unacceptable civilian casualties. It dismissed the Dutch state’s argument that it did not have to do a new check on the permit for the exports.

The Netherlands houses one of several regional warehouses of US-owned F-35 parts, from which the parts are distributed to countries that request them, including Israel in at least one shipment since Oct 7.

The government said it would try to convince partners it would remain a reliable member of the F-35 programme and other forms of international and European defence cooperation.

Presiding Judge Bas Boele said there was a possibility the Dutch government could allow the export of F-35 parts to Israel in future, but only on the strict condition they would not be used in military operations in Gaza.

Published in Dawn, February 13th, 2024