The Netherlands is witnessing a classic constitutional struggle as its Supreme Court prepares to rule on whether the judicial branch can force the executive branch to halt military-related exports. The case involves a ban on shipping F-35 parts to Israel, which the government argues is a decision for the cabinet, not the courts.
This high-profile legal dispute was initiated by human rights groups in late 2023. They contend that the Dutch government is violating its own laws and international treaties by allowing the transfer of parts for jets used in the Gaza war, where Israel is accused of committing war crimes.
The government’s position was initially upheld by a district court, but the tables turned in February 2024 when an appeals court imposed a ban. The appellate judges ruled that the state’s legal duty to prevent potential war crimes superseded its political or strategic interests, setting up the current showdown in the Supreme Court.
The government’s lawyers have argued that the appeals court ruling represents a dangerous overreach of judicial power. They have also argued from a practical standpoint, stating that since the parts are American-owned, a Dutch ban would not ultimately prevent them from reaching Israel and would only serve to damage the Netherlands’ strategic partnerships.
The case is deeply embedded in the context of the Israel-Hamas war, which began on October 7, 2023. The conflict’s high death toll in Gaza has sparked numerous legal and political challenges across Europe, with several countries re-examining their military trade relationships with Israel.