A final verdict is expected from the Dutch Supreme Court in a case that lies at the critical intersection of law and war. The court will decide whether the Netherlands must ban the export of F-35 fighter jet parts to Israel, a question that has profound legal and ethical dimensions.
The case was brought by human rights advocates who argue that the law must not be silent in the face of alleged war crimes. They contend that the Netherlands has a legal obligation under various treaties to halt any military exports that risk contributing to such crimes in Gaza.
This position was endorsed by an appeals court in February 2024, which ordered an immediate stop to the shipments. The government’s appeal to the Supreme Court challenges this application of law to an active conflict, arguing for the primacy of political and diplomatic management.
The government also claims that a legal ban would be practically ineffective. It points out that the parts are owned by the United States and are stored in a regional hub, meaning the U.S. could easily bypass a Dutch restriction to supply Israel.
The Supreme Court’s decision will be a significant statement on the role of national courts in upholding international law during wartime. The ruling comes as the Israel-Hamas conflict, which began on October 7, continues to raise urgent questions about accountability and the rules of war.