The conduct of Israel’s military in its war against Hamas is facing indirect but intense scrutiny in a Dutch courtroom, where the Supreme Court is deciding whether to permit the export of F-35 fighter jet parts. The case hinges on whether Israel is violating international law in its Gaza campaign.
The entire lawsuit, brought by three human rights organizations, is predicated on the allegation that Israel is committing war crimes in Gaza. The groups argue that the F-35 fighter jets, maintained with parts transiting through the Netherlands, are a key instrument in a campaign that has resulted in an exceptionally high number of civilian casualties. Israel has consistently and forcefully denied these accusations.
An appeals court in the Netherlands gave credence to these concerns in February 2024. Its decision to ban the exports was explicitly based on a finding of a “clear risk” that the parts would be used to commit “serious violations of international humanitarian law.” This legal finding brought the allegations of Israeli misconduct to the forefront.
The Dutch government’s appeal does not directly defend Israel’s actions. Instead, it focuses on procedure, arguing that courts should not be the arbiters of foreign policy and that a ban would be ineffective. However, the context of Israel’s actions is inescapable.
The grim statistics from Gaza, with over 66,200 dead, including many women and children, form a constant backdrop to the legal proceedings. The Supreme Court’s final decision will inevitably be interpreted as a judgment not only on Dutch law but also on the international community’s willingness to hold Israel’s military conduct to account.