A judicial order to stop the shipment of F-35 parts to Israel is the subject of a final showdown in The Hague, as the Dutch government makes its case to the Supreme Court to have the ban overturned. The ruling will be a pivotal moment in the relationship between the Dutch government and its judiciary.
The ban was imposed by an appeals court in February 2024 in response to a lawsuit by human rights organizations. The court’s decision was a direct challenge to the government’s foreign policy, prioritizing human rights concerns over diplomatic and strategic considerations.
The government’s appeal is a defense of its executive prerogative. It argues that the decision to allow or block the shipments is a political one, based on a wide range of factors that the courts are not equipped to assess.
A key part of the government’s argument is that the ban is ultimately futile. It claims the U.S. owns the parts and is committed to supplying Israel, meaning a Dutch ban would only reroute the shipments, not stop them.
This high-stakes legal confrontation is a product of the intense controversy surrounding the Israel-Hamas war, which began on October 7. The Dutch court’s final decision is being watched across Europe, where similar debates about arms sales to Israel are raging.
Showdown in The Hague: Will Court Order to Stop F-35 Parts Stand?
