Human rights organizations Oxfam Novib, PAX, and The Rights Forum commenced a legal challenge against the Dutch government’s plan to export F-35 fighter jet parts to Israel on Monday. During proceedings held at the Hague District Court, the groups argued that such exports imply Dutch complicity in potential war crimes, as they claim Israel uses these jets in attacks on Gaza. The Israel-Hamas conflict has led to more than 15,000 civilian casualties.
The Woensdrecht Air Base in the Netherlands has been housing U.S.-owned F-35 parts since 2019, distributing them upon request to other nations. Israel’s recent request for these parts led the Dutch customs office to seek government approval due to export license requirements for military goods. This led to Dutch ministers making the decision not to interfere, citing foreign policy and security considerations.
The legal challenge is grounded on obligations under export law, the Dutch constitution, and international law, including the Arms Trade Treaty (ATT), and the EU Common Position on Arms Exports Control. These instruments highlight the prohibition of arms exports when there is a reasonable expectation that such exports would contribute to human rights violations including genocide, war crimes, and substantial breaches of the Geneva Conventions. The human rights groups have raised a particular concern over a potential breach of the Genocide Convention.
PAX Director, Martje van Nes, criticised the Dutch government’s deviation from a clear arms exports framework, stating it essentially makes the Netherlands complicit in Israel’s use of fighter jets.
Netherlands’ Minister of Foreign Affairs and the Minister for Foreign Trade and Development claimed that potential human rights and international humanitarian law violations were weighed against Israel’s right to self-defence against threats from Iran, Syria, and Hezbollah. They assert that there currently exists no evidence linking F-35 to severe infringements of international human rights law.
The rights groups, nevertheless, contended that Dutch export rules forbid arms exports when there’s a clear risk of contribution to international law violations. PAX’s Frank Slijper clarified the group’s claim focuses not only on the breach of international law as such but more so on the Dutch state’s alleged negligence in conducting a thorough risk analysis of possible international law breaches during the export licensing process.
Israel maintains the position that it has not violated international law since the October 7 attack by Hamas. Contrarily, many international NGOs including Amnesty International and Human Rights Watch, have called for investigations into Israel’s bombings.
The court is slated to deliver the verdict on December 15.
Original article can be found here.