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15 February 2024

Dutch Appeals Court Blocks Deliveries of F-35 Parts to Israel: Overview, Analysis and Initial Reflections

Johanna Trittenbach, Jessica Dorsey, Otto Spijkers | Opinio Juris

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This article provides an analysis of the Court of Appeal’s ruling on the civil suit against the State of the Netherlands for the transfer of F-35 parts to Israel in favour of the plaintiffs. The article focuses on four main points of the ruling: limitations on open-ended arms transfer licences, risk assessment requirements for arms transfers, the Court’s analysis on the approach to sources substantiating clear risks of IHL and the issue of the direct effect of international law on the domestic system.