“There is no denying that there is a clear risk that exported F-35 components will be used in serious violations of international humanitarian law,” the court said.
An Israeli Air Force F-35 fighter jet. Photo: Reuters
In a separate legal case in January, the United Nations’ top court, the International Court of Justice, ordered Israel to take action to prevent genocide in its war against Hamas. The ruling prompted renewed calls from human rights groups to ban arms exports to Israel.
The Dutch case was brought by several human rights groups, including the Dutch branch of Oxfam, in December last year. “We hope this judgment will strengthen international law in other countries so that Gaza’s citizens are also protected by international law,” Oxfam Novib director Michiel Servaes said in a statement.
In its first ruling in December, a lower Dutch court did not order the Dutch government to stop exports, even though it found it likely the F-35 contributed to a violation of the laws of war.
The Dutch Court of Appeal said it was likely that F-35s were used in attacks on Gaza, leading to unacceptable civilian casualties.
The Netherlands has one of the largest US-owned F-35 parts depots, from which parts are distributed to countries that request them, including Israel in at least one shipment since October 7.
Presiding judge Bas Boele said it was possible that Dutch authorities could allow the export of F-35 parts to Israel in the future, but only under the strict condition that they would not be used in military operations in Gaza.
Mai Van (according to Reuters)
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