Supreme Court Asks Dutch Government To Review Ban On Arms Exports To Israel

UNSPLASH/Pourya Gohari ILLUSTRATION

JAKARTA - The Dutch Supreme Court ordered the Dutch government to review its policies regarding arms exports to Israel.

The Supreme Court did not enforce the ban on exports of F-35 fighter jet parts decided by lower courts last year, but stated the government needed to assess whether there was a risk the jet parts were used in violation of international law.

The government is given six weeks to carry out this review, while during this period, exports of fighter jet parts will still be prohibited.

"As long as the minister does not make a new decision regarding export permits, applicable permits remain in effect and exports of F-35 parts to Israel are not allowed," said presiding judge Martijn Polak.

In February 2024, the Court of Appeals in The Hague ordered the government to stop exporting jet parts, deciding there is a clear risk that Israeli F-35 fighter jets are used to commit serious violations of international humanitarian law in the Gaza Strip.

The ruling on Friday canceling the order stressed that any review of export permits should consider possible violations of international law.

"If the minister decides that there is a clear risk that the goods to be exported will be used to commit serious violations of international humanitarian law, he can cancel the permit," the court said.

The Netherlands has one of several regional warehouses for US-owned F-35 parts, which are distributed to countries requesting it, including Israel, in at least one shipment since October 7, 2023.

Since armed people from the Palestinian militant group Hamas stormed southern Israel on October 7, 2023, Israel's military offensive in Gaza has turned much of the enclave into deserts, killing tens of thousands of Palestinians, and triggering a humanitarian catastrophe.

Israel denies violating international law in its attacks on Gaza, which it says aims to eliminate Hamas.