Dutch Court Orders Review of F-35 Fighter Jet Parts Exports to Israel

The Supreme Court told the government to reassess its 2016 license within six weeks, leaving exports suspended.

A Dutch F-35 fighter jet flies over the North Sea after being refueled by an MRTT aircraft coming from Eindhoven Air Base as part of the NATO exercise "Ramstein," near Eindhoven on April 2, 2025. Sem van der Wal/AFP via Getty Images

The Dutch Supreme Court ruled on Oct. 3 that the government must reassess its license allowing the export of F-35 fighter jet parts to Israel, saying the minister responsible must explicitly weigh whether the transfers carry a “clear risk of serious violations of international humanitarian law.”

The decision, handed down in The Hague, leaves in place the suspension of exports while the reassessment takes place.

The court gave the minister six weeks to complete the process.

At issue is whether the Netherlands can continue supplying spare parts for the U.S.-built F-35 fighter jet, which are distributed from a warehouse in the Netherlands to several partner countries, including Israel.

The original license for exports was granted in 2016 by the then-Dutch Foreign Trade Minister Lilianne Ploumen.

Human rights groups that originally brought the case against the export and transit of F-35 parts to Israel welcomed the ruling.

They argued the decision leaves the government with only one option: to maintain the export ban.

“This means we have indeed achieved our goal, and we will continue fighting until the Dutch government does everything it can to stop this genocide,” said Michiel Servaes, director of Oxfam Novib.

Israel denies committing war crimes in its campaign in Gaza, which began following the Hamas-led attack on Israel on Oct. 7, 2023.

Oxfam Novib, alongside PAX and The Rights Forum rights groups, said that Dutch involvement in supplying the jets risks complicity in possible war crimes.

A lower court rejected the activists’ demands, but in February 2024, the Court of Appeal ordered the government to halt shipments immediately.

That ruling effectively blocked further deliveries, and the government then appealed to the Supreme Court.

The state argued that matters of foreign policy and national security lie primarily within the government’s discretion and that the Court of Appeal had gone too far in substituting its own assessment.

The Friday ruling said that the Court of Appeal should not have made its own determination about whether there was a risk of international humanitarian law violations.

Instead, the justices said, the minister must perform that evaluation under the criteria set out in the Arms Trade Treaty, the EU Common Position, and the Dutch Strategic Goods Decree, all of which bar exports if there is a clear risk they will be used in serious violations of humanitarian law.

“The court is effectively saying: ‘Minister, do your job and follow the law. Take responsibility and act accordingly,’” said director of PAX Rolien Sasse.

“That risk is unmistakable—so the minister has no other choice but to uphold the withdrawal of this export licence.”

Liesbeth Zegveld, attorney for the organizations, called the ruling “highly unusual,” noting that the court had held the state accountable for its own responsibility and imposed a six-week deadline for a new assessment.

Israel launched its offensive after Hamas terrorists killed around 1,200 people in southern Israel and took some 250 hostages in October 2023.

The hostage crisis remains unresolved, with dozens still believed to be held in Gaza.

According to Gaza’s Hamas-run health ministry, the overall toll of people killed in the conflict in Gaza has risen to more than 66,055.

That number does not distinguish between combatants and civilians and includes some deaths from natural causes.

The Epoch Times cannot verify the figures.

The Netherlands has welcomed the U.S. plan to end the Gaza conflict, unveiled by U.S. President Donald Trump on Sept. 29 and backed by Israeli Prime Minister Benjamin Netanyahu.

Foreign Minister David van Weel said the Netherlands has repeatedly called for a cease-fire in the Gaza Strip, one that would be supported by both parties.

“This remains crucial for securing the release of the hostages, dramatically boosting the amount of humanitarian aid and achieving a lasting peace in the Middle East,” he added.

The Supreme Court ruling also comes at a politically delicate time in the Netherlands.

A caretaker government remains in office ahead of parliamentary elections in October.