The Dutch Court of Appeals has ordered the Dutch government to halt all exports of F-35 fighter jet parts to Israel within 7 days. The court stated there’s a clear risk that the exported F-35 parts could be used in serious violations of international humanitarian law. The government was given 7 days to comply with the order, rejecting a suspension request from the government’s lawyer in the appeal filed before the Supreme Court.
The case was brought against the Dutch government by several human rights groups last December. Although a lower court did not issue an order to stop the exports in its preliminary ruling, it acknowledged that F-35 jets likely contributed to war law violations.
The Court of Appeals overturned the lower court’s consideration of political and economic concerns over the clear risk of war law violations, stating that such concerns do not outweigh the risk. The appeals court also mentioned that F-35 jets were likely used in attacks on Gaza, resulting in unacceptable civilian casualties, dismissing the Dutch government’s argument that it did not need to review export permits.
The Netherlands hosts one of several regional warehouses for US-owned F-35 parts, used to distribute spare parts to requesting countries, including Israel. At least one shipment has been sent to Israel since the October 7 attacks.
This comes as Israel continues its heavy airstrikes on Gaza, which have resulted in over 28,000 Palestinian deaths and approximately 68,000 injuries so far. The decision follows about a month after the International Court of Justice, prompted by a case filed by South Africa, ordered Israel to take measures to prevent acts of genocide against Palestinians and improve the humanitarian situation in Gaza. However, the order did not include a “ceasefire” clause.
The current situation in Gaza remains dire following recent conflicts. The region is grappling with a severe humanitarian crisis, significantly exacerbated by recent Israeli attacks. Hospitals in Gaza are facing catastrophic shortages of medical supplies due to a total blockade, with essential items like emergency, trauma, and surgical supplies rapidly depleting. The healthcare infrastructure is severely strained, with hospitals running on backup generators due to widespread power outages, putting thousands of patients, including those with critical conditions like kidney and cancer, at immediate risk. The World Health Organization (WHO) has documented numerous attacks on healthcare facilities, leading to the deaths of health workers and the damage to medical infrastructure.
Moreover, more than 1.5 million people in the Gaza Strip are estimated to be internally displaced, with nearly 800,000 seeking refuge in U.N. shelters. The humanitarian situation is further compounded by shortages of food, fuel, drinking water, and medicines, with U.N. agencies and the Red Cross warning of an enveloping humanitarian disaster. Gaza’s main hospital, Al Shifa, is under siege, with essential services like hospitals in northern Gaza reportedly out of service due to lack of power and the proximity of bombardments and fighting.
