Date of Creation: June 5, 2025
The Netherlands continues to play a part in Israel’s F-35 fighter jet program despite an earlier ruling of a Dutch court, in 2024, that temporarily stopped exporting and transiting F-35 parts for Israel due to concerns of violations of international humanitarian law in Gaza.
Investigations conducted by the Palestinian Youth Movement (PYM) reveal that F-35 components manufactured by Israel Aerospace Industries continue to pass through Rotterdam regularly via Maersk vessels on their way to Lockheed Martin in Fort Worth for final assembly or maintenance despite an February 2024 court ruling mandating their cessation within seven days. Aljazeera.com.
opiniojuris.org The Dutch government asserts compliance with the court ruling, noting that it pertains only to direct exports and transit of F-35 parts from the Netherlands to Israel. A spokesperson from the Dutch Foreign Ministry confirmed this decision was implemented accordingly.
theguardian.com/4+2/ aljazeera.com/4+2/889385515609814268618258716273147549896821930874974215
Human rights groups such as The Rights Forum, Oxfam Novib and PAX assert that the Netherlands remains complicit by permitting F-35 components to transit its territory despite court orders to do so, thus undermining its purpose and violating international obligations set out in Arms Trade Treaty and EU Common Position on arms exports (juist.org/blogs/prif/prif.org/788_1-7908986_7/8836786887974_7888941487271818897=7-788juris/blog.prif.org/89% 788188 +7
al Haq.org/78788q/org/7909481812,189186/ +161189/16861/834/182). Westpoint.edu
In July 2024, a Dutch court rejected claims by these organizations that the Dutch government was violating an export ban by permitting F-35 parts to transit through its country on route to Israel. It found that their interpretation was reasonable and adhered to mandated export ban requirements. AAPnews.com (+1), Reuter’s.com (1 + 1) were both helpful sources.
reuters.com
The Dutch Supreme Court is currently reviewing an appeal filed by the government against a ruling issued in February 2024 by a lower court judge, in February 2024. On November 20,24, an Advocate General advised upholding this lower court’s decision due to concerns that Israel’s F-35 fighter jets may be breaching international humanitarian law in Gaza.
opiniojuris.org* +9HOGERAAD.nL +9 Reuter’s.com.
As the Supreme Court deliberates, Netherlands’ role in the F-35 supply chain continues to come under intense scrutiny. Activists and legal experts assert that by shipping these components through Dutch ports destined for Israel but ultimately ending up elsewhere, ongoing transit aids operational capabilities of Israeli forces in Gaza.
This situation exemplifies the complexity of global arms supply networks and illustrates the difficulty countries experience in reconciling legal obligations with humanitarian concerns.