Netherlands at a Crossroads: Uphold F-35 Ban or Side with Government?

The Netherlands is at a legal and political crossroads as its Supreme Court prepares to rule on whether to uphold a ban on F-35 parts exports to Israel or side with the government’s appeal to lift it. The decision will have far-reaching consequences for the country’s foreign policy and its commitment to international law.
The ban was imposed by an appeals court in February 2024 following a lawsuit by human rights groups. They successfully argued that there was a “clear risk” the parts would be used in violations of humanitarian law in Gaza, obligating the state to intervene.
The government’s appeal challenges this ruling on several fronts. It argues for the supremacy of the executive branch in foreign affairs, claims the ban is practically futile because the parts are U.S.-owned, and warns of damage to the Netherlands’ reputation as a reliable ally.
This places the Supreme Court in a delicate position, forced to weigh the legal principles of preventing war crimes against the government’s pragmatic concerns about diplomacy and national security. A non-binding opinion from a court advisor has already sided with upholding the ban, signaling a tough battle for the government.
The case is a direct consequence of the war that started on October 7, 2023. The conflict has not only caused a humanitarian crisis in Gaza but has also sparked intense legal and political debates in Europe over military support for Israel, with the Dutch ruling poised to be a key development.