The Dutch government is walking a legal and political tightrope as it makes its case to the Supreme Court to lift a ban on exporting F-35 fighter jet parts to Israel. The hearing on Friday represents the culmination of a months-long battle that touches on issues of national sovereignty, human rights, and international alliances.
At the heart of the matter is whether the courts have the right to dictate foreign policy. The Dutch government argues they do not, and that its decision to allow the transit of U.S.-owned military parts is a political judgment call. It warns that a judicial ban intrudes upon the executive’s authority to manage international relations.
This argument is a direct challenge to a February 2024 appeals court ruling that sided with human rights activists. That court found that the “clear risk” of the F-35s being used to violate international law in Gaza superseded the government’s policy preferences, and it ordered an immediate halt to the shipments.
The case has exposed deep divisions within the Netherlands over its role in the Israel-Gaza war. While the government prioritizes its commitments within the F-35 program and its relationship with the U.S., activist groups argue that the country’s moral and legal obligations to prevent war crimes must come first.
The conflict’s grim statistics, including over 66,200 Palestinian deaths, loom large over the proceedings. The Supreme Court’s decision will not only resolve the immediate issue of the F-35 parts but will also send a powerful message about how the Netherlands balances its strategic interests with its duties under international humanitarian law.