Information
An appeals court in the Netherlands has ordered the Dutch government to stop exporting F-35 fighter jet parts to Israel. The ruling was made due to concerns over Israel’s military offensive in Gaza. The court’s judge, Bas Boele, stated that there is a risk that the exported parts could be used in serious violations of international humanitarian law. The court added that Israel does not take enough account of the consequences of its attacks on the civilian population. Israel has denied committing war crimes in Gaza. The Dutch government must comply with the order within seven days of receiving the judgement. However, the government has stated that it will appeal the decision at the Supreme Court of the Netherlands.
Three human rights groups filed a case against the Dutch government last year, claiming that exporting fighter jet parts could make the Netherlands complicit in possible war crimes committed by Israel in its fight against Hamas. Although a lower court initially ruled that the F-35 fighter jets contributed to violations of the laws of war, it didn’t order a ban on exporting parts. However, the appeals court overruled this decision, stating that political and economic concerns should not override the risk of violating the laws of war.
Source: AP, AFP, Reuters
Assessment
In light of the International Court of Justice (ICJ) not ruling either way on if Israel is committing war crimes or not, it is possible that the Dutch courts do not want to be caught on the wrong side of any future decision. While it is unlikely that an international court would bring blame to the Netherlands for the use of any F35s used by Israel, now they have been asked the question, they likely don’t want to risk going against any possible ICJ ruling. Additionally, a higher court will likely be bolder with any decision as they have more authority within the country’s legal system.
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