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Dutch Arms and Palestine
Jurisdiction
The Netherlands
Locale
Armed Conflict in Palestine
Recipient State
Israel
Status
Ongoing
Legal proceedings in the Netherlands in relation to the situation in Palestine since 7 October 2023 have sought to halt the supply of F-35 fighter jet parts to Israel, due to the use of these aircraft in the bombing of Gaza. The transfer of these parts is permitted by a general licence created in 2016 for all F-35 transfers. The plaintiffs sought an injunction banning the transfer of F-35 parts to Israel. In this case, the European Regional Warehouse, based at Woensdrecht Air Base in the Netherlands, plays a key role as it serves as the logistical hub for the transfer of F-35 components to users in Europe and Israel.
On 15 December 2023, the judge ruled against the plaintiffs. The court held that the obligation to reassess the 2016 licence is on the basis of a special article in the general licence, which allows the government to take into consideration other interests as well, such as, in this case, its relations with the US and Israel, besides the actions of Israel in Gaza. The judge also ruled that the decision to grant a licence constitutes a political act that comprises a government’s foreign policy decision, over which the court has very limited purview.
The plaintiffs filed an appeal against this decision. On 12 February 2024, the appeals court ruled in favour of the plaintiffs, stating that there is a “clear risk that serious violations of international law are committed with the F-35s”. Given the Netherlands’s commitment to various international regulations, it is obligated to cease all (actual) export and transit of F-35 parts to Israel. The Dutch government has stated its intention to appeal the judgement at the Supreme Court. The government’s appeal hearing will be held on 6 September 2024.
On 28 June 2024, the plaintiffs brought a second civil suit to court against the State of the Netherlands for failing to comply with the appeals court ruling and not terminating all export and transit of F-35 parts with Israel as the final destination. A decision by the Court is expected by mid-July 2024.
Latest developments
Themes
iCases
One case has been brought in the Dutch courts against the Minister of Foreign Affairs in the context of Palestine. Click ‘explore case’ to find out about the case in more detail and access all case documents.
Case status
Civil suit against the State of the Netherlands for transfer of F-35 parts to Israel
Explore caseThis case called for a halt of the transfer of F-35 fighter jet parts from the Netherlands to Israel that could be used in attacks on Gaza. At first instance, the court dismissed the claim on the basis of a special article in the 2016 general licence, which allows it to take into consideration other interests as well, such as its relations with the US and Israel, besides the actions of Israel in Gaza. The judge also ruled that the decision to grant a licence constitutes a political act....
Key Case Documents
View all case documents12.02.2024
Appeals Court judgement on civil suit against the State of the Netherlands for transfer of F-35 parts to Israel
Read in fullTimeline
FILTERS
22 Jan 2024
The plaintiffs submit an appeal against the District Court’s judgement.
Read the appeal here04 Dec 2023
Oxfam Novib, PAX, and The Rights Forum launch civil suit in The Hague, the Netherlands in on 4 December 2023, to call for a halt of the transfer of F-35 fighter jet parts from the Netherlands to Israel that could be used in attacks on Gaza.
Read the claimants' submission hereContact & More Information
If you would like to know more about this case, please get in touch with our primary contact Frank Slijper (PAX) via email.
You can find out more about the work of the claimants at their website:
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Analysis
27 May 2024
Going to court again over F-35 partsPAX for Peace
Oxfam Novib, PAX and The Rights Forum are again starting summary proceedings against the Dutch State.
Read more16 February 2024
Appeals Judgment in Case concerning the Shipment from the Netherlands of Parts for F-35 Fighter Aircraft to IsraelMarten Zwanenburg and Joop Voetelink | EJIL:Talk!
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.
Read more15 February 2024
Dutch Appeals Court Blocks Deliveries of F-35 Parts to Israel: Overview, Analysis and Initial ReflectionsJohanna Trittenbach, Jessica Dorsey, Otto Spijkers | Opinio Juris
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.
Read more14 February 2024
Dutch Court Halts F-35 Aircraft Deliveries for IsraelLeón Castellanos-Jankiewicz | Verfassungsblog
This blog post highlights the Court of Appeal's interpretation of the risk assessment obligations contained in the ATT and the EU Common Position, in its 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.
Read more10 February 2024
Challenging Weapons Transfers to IsraelJack McGrath | Washington Report on Middle East Affairs
On 16 January 2024, the Forum on the Arms Trade and the Arms Trade Litigation Monitor co-organised a virtual panel focusing on legal efforts in the Netherlands and the US to block international weapons transfers to Israel amid the ongoing conflict in Gaza.
Read more02 February 2024
Nicaragua calls on UK, Germany, the Netherlands and Canada to immediately halt the supply of arms, ammunition, technology and/or components to IsraelKawsachun News
Nicaragua calls on UK, Germany, the Netherlands and Canada to immediately halt the supply of arms, ammunition, technology and/or components to Israel as they may have been used to facilitate or commit acts of genocide in Gaza.
Read more16 January 2024
Arming the War in Israel-Palestine: Legal ConsiderationsCo-organised by the Arms Trade Litigation Monitor and the Forum on the Arms Trade
This event provided an opportunity to learn about and discuss some of the legal challenges asking for transparency in or a stop to the provision of weapons to Israel in the context of the current Israel-Gaza conflict, amid the broader context of increased litigation around arms transfers.
Read more05 January 2024
Summary Proceedings About the Delivery from the Netherlands of Parts for F-35 Fighter Planes to Israel (Part II)Otto Spijkers (Amsterdam and Leiden University College) | Opinio Juris
This legal opinion discusses the Netherlands's obligations under international law to refrain from supplying weapons parts to Israel, regardless of other interests.
Read more05 January 2024
Summary Proceedings About the Delivery from the Netherlands of Parts for F-35 Fighter Planes to Israel (Part I)Otto Spijkers (Amsterdam and Leiden University College) | Opinio Juris
This legal opinion discusses the Netherlands's obligations under international law to refrain from supplying weapons parts to Israel, regardless of other interests.
Read more04 December 2023
Organizations ask court to block Netherlands from exporting F-35 parts to IsraelNL Times
Oxfam Novib, PAX, and The Rights Forum launch civil suit in the Netherlands on 4 December 2023, to call for a halt of the transfer of F-35 fighter jet parts from the Netherlands to Israel that could be used in attacks on Gaza.
Read more