Appeal against the export of Dutch fighter plane parts to Israel

Oxfam Novib, PAX and The Rights Forum are appealing against the recent court ruling on export of Dutch parts for F-35 fighter planes to Israel.

Earlier this year the court ruled that any export of these parts with final destination Israel is prohibited because Israel seriously violates the law of war. In doing so, the court ruled in our favor. However, Dutch parts for F-35 fighter planes still end up in Israel via indirect routes. We believe that the court’s decision means that any export of Dutch components with final destination Israel is unlawful, both when delivered directly via the Netherlands and via a diversion such as the United States. This latter route was the subject of the second court case and thus the 12 July ruling. The court ruled that the route via the United States was not within the court’s earlier ruling.

Stop any export and transit of F-35 parts to Israel

On 12 February, the court in The Hague ordered the state to stop any export and transit of F-35 parts with final destination Israel. Oxfam Novib, PAX and The Rights Forum believe that delivery via any indirect route is also part of the 12 February ruling. Unfortunately, the judge did not go along with our reasoning on 12 July and opted for a more limited interpretation of the court’s earlier ruling. In doing so, he indicated that it is unclear whether the ruling covers deliveries via other countries.

Rolien Sasse, director of PAX: ‘After the 12 February ruling, the Netherlands may have closed “the front door” but left “the back door” wide open. We find it unacceptable that the Dutch government remains complicit in war crimes through indirect supplies to Israel. The court’s verdict was groundbreaking worldwide. This principled ruling should not be undermined.’

Attacks targeting civilians in violation of international law

Recently, Israel, once again, carried out multiple attacks on school buildings and so-called ‘safe zones’ for displaced people, killing dozens of civilians and aid workers. More than 38,000 Palestinians, the vast majority of them civilians, have already been killed in these and countless other attacks targeting civilians in violation of international law. Researchers recently concluded that the actual death toll is probably much higher, partly because of the use of starvation as a weapon of war. The high number of civilian casualties and Israel’s horrific violence against Palestinians in Gaza may even constitute genocide, the International Court of Justice ruled.

The court case in brief

In November 2023, PAX, Oxfam Novib and The Rights Forum filed a lawsuit against the Dutch state to stop the export of components of F-35 fighter jets to Israel.
On 12 February 2024, the court in The Hague ruled that the Netherlands must indeed stop supplying Israel with parts for the F-35.
The Dutch government decided to appeal in cassation, which will be heard before the Supreme Court this September 6.
As Dutch F-35 parts continue to go to Israel indirectly, e.g. via the US, we again took the matter to court on 27 May 2024.
On 12 July, the judge concluded that the previous ruling of 12 February does not show that this indirect route with final destination Israel must also be stopped.

We are now appealing against this.