The Netherlands’ own commitment to international law is effectively on trial as its Supreme Court hears final arguments in the case of F-35 fighter jet parts destined for Israel. The government is seeking to quash a lower court’s ban, which was imposed over concerns the parts contribute to war crimes in Gaza.
The case puts the Dutch government in an uncomfortable position. As a vocal proponent of international law and host to the International Criminal Court in The Hague, the country is now being accused by its own civil society groups of facilitating violations of the very principles it champions. The lawsuit, brought by three such groups, has forced a national reckoning.
A pivotal moment came in February 2024 when an appeals court ordered the government to cease the exports. This decision was grounded in the court’s assessment of a “clear risk” of violations of the laws of armed conflict, a direct rebuke of the government’s policy of continued supply.
In its defense before the Supreme Court, the government argues that the judiciary is encroaching on its territory. It insists that foreign policy is a political domain, not a legal one, and that a Dutch ban would be practically meaningless due to the nature of the U.S.-led F-35 program.
As the judges deliberate, the conflict that sparked the case continues. The war, triggered by the Hamas attack on October 7, 2023, has resulted in widespread destruction and a staggering death toll in Gaza. The court’s decision will be interpreted globally as a test of a nation’s ability to hold itself accountable to its legal and ethical commitments during a foreign conflict.