The Netherlands is witnessing a high-stakes constitutional showdown between its government and its judiciary, with the fate of F-35 fighter jet part shipments to Israel hanging in the balance. The nation’s Supreme Court is now hearing the government’s final appeal against a lower court’s politically charged decision to halt the exports.
This legal saga began when three rights organizations took the Dutch government to court, arguing that its role in the F-35 supply chain made it complicit in Israel’s military actions in Gaza. The war, which began after the October 7, 2023 Hamas attack, has led to a catastrophic humanitarian situation, with Gaza’s Health Ministry reporting over 66,200 deaths.
The government’s primary argument is one of separation of powers. Its lawyers forcefully assert that foreign policy decisions are the prerogative of the government and parliament, not the courts. They insist that judges should not dictate the country’s international engagements or its obligations under defense agreements.
This position was initially upheld by a district court, but a dramatic reversal by an appeals court in February 2024 changed the entire landscape. The appellate judges ordered the government to cease all shipments of F-35 parts to Israel, concluding there was a tangible risk of their use in violating international law. This direct judicial intervention in foreign policy prompted the government’s appeal to the highest court.
The Supreme Court’s ruling will have profound implications. A decision against the government could empower courts across Europe to take a more active role in scrutinizing arms exports. Conversely, a ruling in the government’s favor would reaffirm the executive branch’s authority in matters of defense and international relations, even amid serious allegations of war crimes.