Netherlands Keeps Ban on Exporting F-35 Aircraft Parts to Israel

SadaNews - The Dutch government announced on Friday that it will maintain the ban on exporting parts for F-35 fighter jets to Israel, despite a recent decision by the Supreme Court that would allow it to change its policy.

The export ban applies to the fighter jets used by Israel for bombing Gaza since February 2024, when the Court of Appeal ordered the government to stop these exports. However, earlier on Friday, the Supreme Court concluded that the lower court had overstepped its authority, asserting that determining foreign policy is the responsibility of the government, not the judiciary.

The Supreme Court gave the Dutch government six weeks to review its export licensing policy, but the government made its decision within hours. "In light of the current circumstances, it is unreasonable to resume exporting F-35 components from the Netherlands to Israel at this time," the government stated.

There is a center in the Netherlands for storing F-35 parts owned by the United States, from where they are shipped to various Washington partner nations, including Israel, under export agreements. The Dutch government reaffirmed its commitment to the F-35 program as a "vital factor in safeguarding our security and that of our allies." It stated that it brought the case to the Supreme Court "because, according to the government, it is up to the state to shape its foreign policy."

The government emphasized that this step is not related to what it described as the "catastrophic situation in the Gaza Strip." The statement stressed the need to "achieve a ceasefire as soon as possible to end the violence and suffering of the population and to secure the release of hostages."

The Supreme Court ruling on Friday ended a long legal battle over the export of aircraft components. The Deputy President of the Supreme Court, Martin Polak, stated that the Court of Appeal erred in siding with human rights groups that argued the parts contributed to Israel's violations of international law. Government lawyers contended that Israel could easily find the parts elsewhere if the Netherlands blocked their export.

In June, the Supreme Court in London rejected a legal challenge by a Palestinian rights organization to prevent Britain from exporting F-35 parts to Israel.