Molly Quell
AP / July 12, 2024
THE HAGUE, Netherlands – A Dutch court on Friday rejected a claim from a group of human rights organizations that the Netherlands is dodging a court order to stop sending F-35 fighter jet parts to Israel which could use them in Gaza.
The Hague District Court ruled that Oxfam Novib, Pax Nederland and The Rights Forum had not shown any evidence that the Dutch government was ignoring the earlier ruling.
In February, an appeals court told the Dutch government to halt the export of F-35 fighter jet parts to Israel, citing a clear risk of violations of international law if they are used in strikes on Gaza. The Dutch government appealed that ruling to the Supreme Court, but said it was abiding by the order in the meantime by halting direct exports to Israel.
The aid groups went back to court last month, arguing the Netherlands was evading the ban by sending the parts to the United States, which was then sending them on to Israel. They demanded a fine for the alleged breach.
The groups are “giving too broad an interpretation” to the earlier judgment, the court wrote in Friday’s ruling.
The organizations said they disagreed with the decision and were considering further legal action. “It is unacceptable that the Netherlands remains knowingly complicit in violations of the laws of war by Israel in Gaza,” they said in a joint statement.
During a hearing in June, the Dutch government said it was unable to track the parts after they left the Netherlands and warned against placing further restrictions. Reimer Veldhuis, a lawyer representing the government, cautioned that seeking to prevent more exports of F-35 parts to nations other than Israel could put at risk supplies to militaries around the world who operate the advanced fighter jets at a time of soaring international tensions.
The Netherlands is home to one of three F-35 European regional warehouses.
The war in Gaza began with Hamas’ surprise attack on Israel on Oct. 7, in which militants killed some 1,200 people and took 250 others as hostages.
Since then, Israeli ground offensives and bombardments have killed more than 38,000 people in Gaza, according to the territory’s Health Ministry, which does not distinguish between combatants and civilians in its count.
The war has caused massive devastation across the besieged territory and displaced most of its 2.3 million people, often multiple times. Israeli restrictions, fighting and the breakdown of law and order have curtailed humanitarian aid efforts, causing widespread hunger and sparking fears of famine.
The Dutch Supreme Court will take up the larger case in September.
