The Netherlands can continue to supply parts for F-35 fighter jets used by Israel in the Gaza Strip, after a court rejected a case brought by a group of human rights organizations this Friday.
The Hague Court ruled that the allocation of parts was, after all, a political decision in which judges should not interfere.
The Court declared that “the considerations laid down by the Minister are, to a large extent, political in nature and judges must leave the Minister a wide discretion”.
A group of human rights organizations have filed a lawsuit arguing that the distribution of these parts contributes to Israel’s alleged violations of international law in its war against the Palestinian Islamist movement Hamas.
The case concerns US-owned F-35 parts stored in a warehouse in the Netherlands and shipped to various allies, including Israel, under export agreements.
The pieces “allow real bombs to be dropped on real homes and families,” said Michiel Servaes, director of Oxfam Novib, one of the plaintiffs.
Officials in Amsterdam explained that it was unclear whether they had the authority to interfere with the deliveries, which are part of a US-run operation that supplies parts to all F-35 partners.
“Based on current information on the use of Israeli F-35s, it cannot be established that the F-35 has engaged in serious violations of humanitarian law,” the government said in a letter to parliament.
But the plaintiffs’ human rights lawyer Liesbeth Jeckveld described the statement as “nonsense”. The Dutch government was clearly aware of what it called “the massive destruction of infrastructure and civilian centers in Gaza”.
Jeckveld referred to the government’s own export rules, which specify that a license should be refused if there is a “clear risk” that the goods will be used to “commit serious violations of international humanitarian law”.
Prosecutors also argued that if the Dutch did not supply the parts from a warehouse in the Netherlands, Israel could easily obtain them from another country.
“Hardcore explorer. Extreme communicator. Professional writer. General music practitioner. Prone to fits of apathy.”