Will the Dutch Supreme Court Uphold Landmark Ban on F-35 Parts to Israel?

The legal and human rights world is watching closely as the Dutch Supreme Court considers whether to uphold a landmark ban on the export of F-35 fighter jet parts to Israel. The government is appealing the ban, setting the stage for a final, decisive ruling on the controversial shipments.
The ban itself, imposed by an appeals court in February 2024, was a watershed moment. It marked one of the most significant legal victories for campaigners seeking to hold Western governments accountable for their role in the Gaza war. The court’s finding of a “clear risk” of complicity in violations of international law provided a powerful legal precedent.
Now, the key question is whether this precedent will stand. The government is challenging the ban on two main fronts. First, it claims the courts have no jurisdiction over foreign policy. Second, it argues the ban is practically ineffective, as the U.S. owns the parts and can deliver them via other means.
Human rights groups argue that upholding the ban is essential to affirming the rule of law over political convenience. They maintain that the Netherlands has a non-negotiable legal duty to prevent its territory from being used to facilitate acts that breach humanitarian law, regardless of the diplomatic or logistical complexities.
The conflict’s context, including the Oct. 7 attack on Israel and the subsequent death of over 66,200 Palestinians, makes the court’s task exceptionally challenging. Its decision will either solidify a new standard for judicial oversight of arms exports or restore the government’s traditional authority in this domain.