Netherlands’ Supreme Court to Decide on Legality of Aiding Israel’s Air Force

The legality of the Netherlands’ role in maintaining Israel’s F-35 fleet is the subject of a final ruling by the country’s Supreme Court. The government is appealing a ban on the transfer of spare parts, which was imposed over concerns they are being used in alleged war crimes in Gaza.
The lawsuit, brought by three human rights organizations, argues that providing any material support to Israel’s air force during its current campaign is a violation of international law. They contend that the Netherlands has a positive obligation to prevent its territory from being used for such purposes.
This argument persuaded an appeals court in February 2024 to order a halt to the shipments. The court’s decision was a significant blow to the government, which has consistently argued that its role is merely logistical and that the U.S. is the principal party responsible for the transfers.
In its appeal to the Supreme Court, the government has stressed that it is simply hosting a U.S.-run warehouse. It claims that blocking the shipments would be a symbolic act that would not affect Israel’s military operations but could harm Dutch strategic interests.
The court’s decision is set against the backdrop of a brutal war that began on October 7, 2023. The high number of casualties in Gaza has led to increased international scrutiny of all forms of military assistance to Israel, with the Dutch case being a critical test of legal accountability.