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16 February 2024

Appeals Judgment in Case concerning the Shipment from the Netherlands of Parts for F-35 Fighter Aircraft to Israel

Marten Zwanenburg and Joop Voetelink | EJIL:Talk!

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This blog post highlights some key issues and implications of the Court of Appeal’s judgement on the civil suit against the State of the Netherlands for the transfer of F-35 parts to Israel. The post highlights how the judgement addresses the role of the EU Common Position and the ATT in the Dutch legal order and the obligation to “ensure respect” for IHL, and how it comes to the conclusion that there is a “clear risk” of serious violations of IHL by Israel.