The Dutch government is seeking the Supreme Court’s blessing to resume the shipment of F-35 fighter jet parts to Israel, following a ban imposed by a lower court. The case has become a critical test of the government’s autonomy in foreign and military affairs.
The ban was the result of a legal challenge by human rights groups, who argued that the shipments violated the Netherlands’ legal obligations. Their victory in an appeals court in February 2024 was a major setback for the government’s policy of cooperation with the U.S. and Israel on the F-35 program.
The government’s appeal to the highest court is based on the argument that the judiciary has no place in dictating foreign policy. It also contends that the ban is practically meaningless, as the U.S.-owned parts can be supplied to Israel from other locations.
This has set up a classic confrontation between the executive and judicial branches of government. A non-binding opinion from a Supreme Court legal advisor has already suggested the government’s appeal should be rejected, adding to the suspense ahead of the final ruling.
The case is a direct result of the Israel-Hamas war, which began on October 7, 2023. The conflict has spurred a wave of legal and political activism across Europe aimed at holding Israel’s allies accountable for their role in the conflict.