“The court orders the state to end further exports of F-35 parts to Israel within 7 days,” the ruling said.
“These spare parts are military goods and cannot simply be shipped to other countries. There are laws, national and international regulations. In short, these regulations state that if there is a clear risk that the parts will be used in violation of the humanitarian laws of war, then it is not allowed, then it must not be done,” later explained court representative Martine One.
A civil lawsuit against the Dutch government was filed in December by three human rights groups, which argued that the government should review the export license in light of Israel’s military operation in the Gaza Strip.
The organizations claimed that the supply of warplane spare parts made the Netherlands complicit in possible war crimes committed by the Israelis in the war against the Palestinian terrorist organization Hamas.
US-owned F-35 parts are stored in a warehouse in the Netherlands and then shipped to several partners, including Israel, through existing export agreements.
In December, the Hague District Court said that the supply of parts was primarily a political decision in which judges should not interfere.
But an appeals court overturned the ruling and ordered the government to stop exports within seven days, saying the Netherlands “must ban the export of military goods if there is a clear risk of serious violations of the humanitarian law of war”.
“Israel does not take sufficient account of the consequences of its attacks on civilians,” the court said. “Strikes in Gaza have killed a disproportionate number of civilians, including thousands of children.”
Meanwhile, the government has indicated that such a ban is pointless because the US can supply these spare parts to Israel from anywhere else.
Dutch authorities also said it was unclear whether they had the right to interfere at all with the deliveries, which are part of a US-led operation to deliver F-35 parts to all its partners.
Export licenses were granted in 2016 for an unlimited period, but the court ruled that the situation has changed radically since then and the government should take this into account.
“The fact that the licenses are concluded for an indefinite period does not mean that the state can turn a blind eye to what happens thereafter,” the court said.
International law experts told AFP that human rights violations in the war in the Gaza Strip are most likely committed by both sides involved in the conflict.
The International Court of Justice in The Hague, which hears disputes between states, had previously said that Israel should do everything possible to prevent possible genocide in the Gaza Strip.
The ruling “strengthens our confidence in a positive ruling in our case,” said the non-governmental organization PAX Netherlands, one of the rights groups involved in the appeal.
On the morning of October 7, 2023, terrorists of the Palestinian Islamist group “Hamas” launched a surprise attack from the Gaza Strip. More than 1,100 Israelis, mostly civilians, were killed in the massacre. Hamas militants also captured more than 240 people and took them to the Gaza Strip.
Israel declared martial law in the country and launched extensive air and artillery strikes against Hamas targets in the group’s controlled Gaza Strip. Ground forces are also involved in the fighting. For several weeks, Israel also enforced a complete blockade of the Gaza Strip, cutting off electricity and water supplies to the territory and limiting humanitarian aid deliveries.
Up to 1.9 million people have been internally displaced in the Gaza Strip since the beginning of October. A large number have gone to the south of the territory, many are seeking refuge in hospitals. During the conflict, at least 100 UN staff were also killed, as well as around 50 journalists.
Since the beginning of October 2023, more than 25 thousand of its inhabitants have died in the Gaza Strip due to hostilities, claims the Ministry of Health administered by “Hamas”.
Extensive Israeli airstrikes have damaged large populated areas in Gaza – about half of the buildings, including schools and medical facilities, under which the tunnels and command centers created by the “Hamas” terrorists were located.
Tel Aviv says fighting in the Gaza Strip will continue until the Hamas terrorist group is completely destroyed, and blames Hamas for hiding behind a shield of civilians and civilian infrastructure.
Meanwhile, the international community has repeatedly called on Israel to avoid civilian casualties as much as possible and to introduce humanitarian pauses in the Gaza Strip.