The Advocate General advised the Supreme Court to uphold the earlier ruling. With that ruling, the court in The Hague banned all transit and export of components of F-35 fighter jets with final destination Israel. As initiators of the court case, PAX, Oxfam Novib and The Rights Forum welcome this positive opinion. It strengthens us in our our fundamental objections to the Dutch course of action. It is an important next step. The final ruling will follow in a few months. Meanwhile, we call on the government to wait no longer: choose a different course yourself. The complicity in the horrific violence in Gaza must end as soon as possible. International law and human rights must be respected. As far as we are concerned, this is the only logical course.
Clear risk of violations of humanitarian law of war
In February of this year the court ruled that there is a clear risk that the F-35s will commit serious violations of the humanitarian law of war in Gaza. In doing so, the court ruled in favor of Oxfam Novib, PAX and The Rights Forum at the time. With his advisory, the Advocate General confirms the earlier decision of the Hague Court of Appeal. The export of F-35 parts from the Netherlands to Israel has been halted since February 12, 2024. All state objections to this have now been rejected by the Advocate General. This advise once again underlines the crucial importance of fundamental human rights and the responsibility of the Dutch state to do everything possible to prevent genocide anywhere in the world.
Rolien Sasse, director PAX: ‘This ruling is hugely important for us to stop Dutch complicity in Israeli violence in Gaza. Every step must contribute to a permanent ceasefire and an end to the violence as soon as possible. At the same time, this opinion is significant to ensure that we can continue to stop the export of weapons to countries that violate the law of war. This opinion sets a legal precedent.’
Dutch government must listen to the law
Combined with February’s ruling, the International Court of Justice’s interim measures and the International Criminal Court’s arrest warrants announced last week, the signal from legal circles is clear. The Dutch government would be wise to listen to the law now.
Liesbeth Zegveld, lawyer on behalf of the three organizations: ‘Gaza is the scene of human suffering beyond words. That the state should stop contributing to this seems so obvious. The opinion of the Advocate General brings closer the recognition of fundamental human rights, which are violated every day in Gaza. We very much hope that the Supreme Court will adopt the Advocate General’s opinion. The Supreme Court’s final judgment would then also be fully in line with the International Court of Justice’s earlier interlocutory ruling on possible genocide in Gaza and the International Criminal Court’s issued arrest warrants.’
Using the F-35 fighter jets, Israel conducts daily attacks on so-called safe zones, hospitals and UN schools to which displaced Palestinians have fled. Since Oct. 7, 2023, more than 43,000 Palestinians have already been killed. The vast majority of them are civilian victims. Resuming the export of F-35 parts from the Netherlands would make the Dutch state complicit in serious violations of international law. Oxfam Novib, PAX and The Rights Forum urge the Dutch government to take responsibility itself to stop further arming Israel from the Netherlands.
Also see the page on the court case on the F-35 parts (in Dutch).
