An Unprecedented Ban: Dutch Government Fights to Resume F-35 Parts to Israel

The Dutch government is making a final push at the Supreme Court to overturn what it sees as an unprecedented judicial intervention in foreign policy: a ban on shipping F-35 fighter jet parts to Israel. The case has become a flashpoint for debates on law, war, and state sovereignty.
The ban was imposed by an appeals court in February 2024 at the request of three human rights groups. They argued successfully that the “clear risk” of the parts being used in war crimes in Gaza legally compelled the government to act.
In its appeal, the government has argued that this ruling sets a dangerous precedent, allowing courts to dictate national security policy based on their own interpretation of international events. It maintains that such complex decisions must be left to the executive branch.
Furthermore, the government has stressed the logistical reality of the situation. The parts are American, stored in a Dutch facility as part of a multinational program. A Dutch ban, they contend, would not stop the flow but would damage the Netherlands’ standing as a reliable partner.
The Supreme Court must now navigate these complex arguments in the context of the devastating Israel-Hamas war. The conflict’s high civilian toll has fueled calls for accountability across Europe, leading to similar legal challenges and political moves to curb arms sales to Israel.