The Supreme Court instructed the Minister of Foreign Affairs to re-examine the export licence for F-35 parts destined for Israel. Minister Van Weel has six weeks to complete this review. Although the Supreme Court overturned the ruling of The Hague Court of Appeal, the existing ban on the delivery of Dutch F-35 components to Israel remains in place. The Court ruled that it is the Minister – not the judge – who must carry out this assessment. In doing so, the government must evaluate whether there is a risk that these exports could contribute to violations of international humanitarian law.
Given the ongoing genocide in Gaza, it is crystal clear that the export of F-35 parts to Israel must remain prohibited
Oxfam Novib, PAX and The Rights Forum.
Rolien Sasse, Director of PAX: ‘The Court is effectively saying: “Minister, do your job and follow the law. Take responsibility and act accordingly.” The law is clear: weapons may not be exported if there is a risk that international humanitarian law will be breached. That risk is unmistakable – so the Minister has no other choice but to uphold the withdrawal of this export licence. We expect this ruling to achieve our goal: no export of F-35 parts from the Netherlands to Israel. We will continue to do everything in our power to end Dutch complicity in the genocide in Gaza.’
Liesbeth Zegveld, lawyer representing the organisations: ‘It is highly unusual for the Supreme Court to directly call on the State to take responsibility and to order a new assessment within six weeks. The Court has made it very clear that the State must evaluate the export against human rights criteria embedded in export regulations. Given the catastrophic situation in Gaza, there is only one possible conclusion.’
The outcome of this legal battle is clear. Since 12 February 2024, no Dutch F-35 components have been exported directly to Israel. We urgently call on the Dutch government to maintain the current export ban and to ensure that no Dutch F-35 parts can be used by Israel in the genocide in Gaza.
We remain steadfast, determined to help stop the genocide in Gaza, to end the illegal occupation of Palestine, and to defend the international rule of law and the fundamental values of our shared humanity. Today’s ruling once again underlines our collective responsibility to stand up for these principles.
Join our protest on Sunday, October 1st, 13:00 at Museumplein in Amsterdam.
