Netherlands Judges Halt Export to Israel of F-35 Parts: “Disproportionate Civilian Casualties including Thousands of Children”
Juan Cole 02/13/2024
Ann Arbor (Informed Comment) – Dutch News reports that an appeals court in The Hague, Netherlands, has ruled that the Dutch government must cease sending spare parts for the F-35 fighter-jet to Israel.
The spare parts are technically owned by the U.S., but are kept in storage at Woensdrecht Air Base.
The news site quotes Judge Bas Boele as saying, “It is undeniable that there is a clear risk that the exported F-35 parts are used in serious violations of international humanitarian law.”
NL Times adds that the court said, “Israel does not take sufficient account of the consequences of its attacks for the civilian population. Israel’s attacks on Gaza have resulted in a disproportionate number of civilian casualties, including thousands of children.”
The court noted that the Netherlands is signatory to treaties and instruments that make it unlawful under Dutch law to pursue such exports “if a clear risk of serious violations of international humanitarian law exists.”
An Oxfam spokesman expressed his hope to Aljazeera that the ruling would have an impact on other European exporters of military weaponry to Israel. Oxfam is providing aid in Gaza and its workers report that the situation there is dire.
F-35s need three hours of maintenance for every one hour of flying, and constantly need spare parts to keep flying. They are used both for surveillance and for bombing runs.
Although these stories do not say so, it seems clear that the ruling of the International Court of Justice on January 26 that it is plausible that Israel is committing genocide in Gaza, in which it issued a preliminary injunction against Tel Aviv, played a central role in shaping the views of the judges in The Hague.
The ICJ had written, “The Court considers that the civilian population in the Gaza Strip remains extremely vulnerable. It recalls that the military operation conducted by Israel after 7 October 2023 has resulted, inter alia, in tens of thousands of deaths and injuries and the destruction of homes, schools, medical facilities and other vital infrastructure, as well as displacement on a massive scale . . . The Court notes that the operation is ongoing and that the Prime Minister of Israel announced on 18 January 2024 that the war “will take many more long months”. At present, many Palestinians in the Gaza Strip have no access to the most basic foodstuffs, potable water, electricity, essential medicines or heating.”
Even President Joe Biden has referred to Israeli bombing as “indiscriminate,” which is a war crime. Biden, however, has not lifted a finger to stop that bombing, which makes him complicit in the war crime. Israel could not continue to thumb its nose at the International Court of Justice unless the US resupplied it with weapons and ammunition on a daily, real-time basis.
A lower court had rejected the case just last month, and this reversal points to the impact of the ICJ decision.
According to Dutch News, Liesbeth Zegveld, the lead attorney for the plaintiffs, said, “We are extremely relieved,” at a news conference held after the ruling.
The case was brought by Oxfam Novib, Pax Nederland and The Rights Forum.
The government had said last fall that it knew there were potential human rights issues with the export to Israel of the military spare parts, but did not actually do anything about it. It says it will appeal.
The court, however, says that the exports must cease during the appeal process.
NL Times reports that outgoing center-right Prime Minister Mark Rutte’s Ministry of General Affairs asked the Legal Affairs Directorate at Foreign Affairs: “What can we say so that it appears as if Israel is not committing war crimes?” Rutte played down the report on the grounds that asking questions is normal.