The Hague: The Netherlands must stop delivering parts for F-35 fighter jets used by Israel in the Gaza Strip, after a Dutch court Monday ruled there was a “clear risk” the planes would be involved in breaking international humanitarian law.
The Appeals Court in The Hague sided with a group of human rights organisations that argued the parts contributed to violations of law by Israel in its war with the Palestinians. “The court therefore orders the State to put an end to the further export of F-35 parts to Israel within 7 days,” said the ruling.
“There is a clear risk that serious violations of humanitarian law of war are committed in the Gaza Strip with Israel’s F-35 fighter planes,” added the judge.
The US-owned F-35 parts are stored at a warehouse in the Netherlands and then shipped to several partners, including Israel, via existing export agreements.
In December, the District Court in The Hague had said that supplying the parts was primarily a political decision that judges should not interfere with.
“The considerations that the minister makes are to a large extent of a political and policy nature and judges should leave the minister a large amount of freedom,” the court ruled at the time.
But the appeals court overturned this ruling, saying the Netherlands “must prohibit 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 for the civilian population when conducting its attacks,” said the court. The attacks in Gaza “have caused a disproportionate number of civilian casualties, including thousands of children.”
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