Dutch Court Orders Halt to Export of F-35 Fighter Jet Parts to Israel Due to Concerns of War Crimes in Gaza
ICARO Media Group
In a significant ruling, the Dutch Court of Appeal in The Hague has instructed the Netherlands government to cease the export of F-35 fighter jet parts to Israel within the next seven days. The court determined that there is a clear risk of serious violations of humanitarian law of war being committed with Israel's F-35 fighter planes in the Gaza Strip. The case was brought forward by human rights groups, led by Oxfam, who argued that the export of these parts implicates the Dutch state in war crimes.
The higher court's decision overturns a previous ruling by the Hague District Court, which had refused to ban the export of F-35 parts to Tel Aviv in December 2023. The court's statement noted that it "rules in the favor" of Oxfam Novib, Peace Movement PAX Netherlands, and the Rights Forum, ordering the state to end the export of F-35 parts to Israel. The specific timeframe given for the halt is seven days, although analysts suggest that the move may be mostly symbolic.
Reports have indicated that Israel utilized the F-35I Adir fifth-generation fighter during the conflict in the Gaza Strip, including for close air support missions to protect troops. The Court of Appeal pointed out that Israel's attacks have resulted in a disproportionate number of civilian casualties, including thousands of children, while also accusing Israel of disregarding the consequences for the civilian population in their operations.
Israeli political and military officials have consistently denied allegations of committing war crimes in the Palestinian territory. However, the Hamas-controlled Health Ministry in Gaza has reported nearly 30,000 deaths since Israel's reprisal attacks following the October 7 Hamas assault, with the Israeli military asserting that around 10,000 Hamas fighters are among the casualties.
The withholding of F-35 parts to Israel is unlikely to significantly impact Israeli Defense Forces (IDF) operations in Gaza, as Israel has alternatives for spare parts and maintenance. Defense analyst Patrick Bolder notes that Israel's current operations in Gaza could be carried out with their F-15s and F-16s, stating that "Israel doesn't need the F-35 for the operations they are currently conducting over Gaza." Israel operates two squadrons of the F-35 and has plans to acquire a third.
The Woensdrecht Air Base, a Dutch regional F-35 maintenance and logistics hub, houses and distributes aircraft parts to various partners, including Israel. The Court of Appeal's ruling puts a halt to the Dutch military export permit required for the transfer of these parts, ending their supply within the given timeframe.
The decision by the Dutch court comes at a critical juncture, with Israeli Prime Minister Benjamin Netanyahu threatening a ground offensive in Rafah against Hamas in the southern tip of the Gaza Strip. Dutch Prime Minister Mark Rutte has warned of catastrophic humanitarian consequences and called for additional humanitarian aid in Gaza, the release of hostages, and a reduction in the intensity of Israel's campaign in the region.
While the Dutch ruling may not significantly impact Israeli actions, it does highlight growing international concerns about the situation in Gaza and the use of advanced military technologies in the ongoing conflict.