The Dutch Supreme Court on Friday ordered the government to review its arms export policy to Israel, amid domestic calls for a ban due to the Israeli war on Gaza.
The Supreme Court gave the Dutch government six weeks to review its arms export policy to Israel.
In contrast, the Dutch Supreme Court said it "will not support a ban on the export of fighter jet components to Israel."
The case was originally filed in late 2023 by three Dutch human rights organizations, who argued that the transfer of F-35 spare parts made the Netherlands complicit in potential war crimes committed by Israel in its war with Hamas.
The Court of First Instance in The Hague initially rejected the ban, but in February 2024, an appeals panel ordered the Dutch government to halt shipments of F-35 spare parts to Israel, citing a clear risk of violations of international law.
The government appealed to the Supreme Court, arguing that foreign policy is a governmental, not a judicial, matter.
In November of last year, a legal advisor to the Supreme Court issued a non-binding opinion recommending that the government's appeal be dismissed.
The Netherlands hosts one of three regional depots for spare parts for the US-owned F-35 fighter jets. Dutch government lawyers argue that a ban on transfers from the Netherlands would be practically useless, as the US could still deliver the parts.
In August, Slovenia announced a ban on the import, export, and transit of all weapons to and from Israel, describing the decision as the first of its kind among European Union countries.
Last year, the UK government also suspended exports of some arms to Israel over concerns they could be used in violation of international law.
Spain said it halted arms sales to Israel in October 2023. There are also ongoing lawsuits in France and Belgium related to arms trade with Israel.
