The Dutch government has announced it will maintain its ban on exporting parts for F-35 fighter jets to Israel, despite a Supreme Court ruling that gave officials the option to revisit their policy. This decision, made public on October 4, 2025, keeps in place a suspension that has been in effect since February 2024, when a Court of Appeal ordered the government to halt shipments over concerns the parts could be used in breaches of international law during Israel’s ongoing campaign in Gaza.
The legal saga began in late 2023, when three Dutch human rights groups brought a case against the government. Their argument was straightforward but weighty: by allowing the transfer of F-35 parts, the Netherlands risked becoming complicit in possible war crimes committed by Israel in its conflict with Hamas. The district court in The Hague initially rejected the ban, but the tone shifted in February 2024, when the appeals panel ordered an immediate halt to exports, citing a clear risk of violations of international law. According to The Times of Israel, the Dutch government quickly appealed, arguing that matters of foreign policy should be left to the executive branch, not the judiciary.
On October 3, 2025, the Supreme Court delivered its verdict. In a written summary, Vice-President Martijn Polak explained, “The Court of Appeal may not assess for itself whether granting the permit constitutes a clear risk of serious violation of international humanitarian law. That is up to the minister.” The ruling clarified that while the judiciary could not make such foreign policy assessments, the minister responsible must now reevaluate the export license, with a six-week deadline to complete the process. However, the government acted with unusual speed, announcing its decision to uphold the ban within hours of the ruling.
The Dutch government’s statement was unequivocal: “Given the current circumstances, it makes no sense to resume exports of F-35 components from the Netherlands to Israel at this time.” As reported by Saba News Agency, the government emphasized that its decision was not directly related to what it called “the catastrophic situation in the Gaza Strip.” Instead, officials stressed their commitment to the F-35 program, describing it as “a vital factor in protecting our security and that of our allies.” The government also reiterated its position that shaping foreign policy is a prerogative of the state, not the courts, stating, “It is up to the state to shape its foreign policy.”
The Netherlands plays a unique logistical role in the F-35 program, housing one of three regional warehouses for US-owned F-35 parts. These parts are shipped to several of Washington’s partners, including Israel, under existing export agreements. Dutch authorities and government lawyers have argued that even if the Netherlands banned the transfers, the United States could deliver the parts through other channels, potentially rendering the Dutch suspension symbolic. Still, the political and ethical implications of the ban have resonated far beyond Dutch borders.
Israel’s use of F-35 fighter jets has been a focal point in its military campaign against Hamas in Gaza. According to Gaza’s Health Ministry, more than 66,200 Palestinians have been killed and nearly 170,000 wounded since the conflict began on October 7, 2023. The ministry, which is part of the Hamas-run government, reports that women and children make up about half of the fatalities. While the ministry does not differentiate between civilians and combatants, United Nations agencies and many independent experts view its figures as the most reliable estimate of wartime casualties. The conflict was sparked when Hamas gunmen stormed into Israel, killing about 1,200 people—mostly civilians—and taking roughly 250 hostages. As of early October 2025, Hamas still holds 48 hostages, with about 20 believed by Israel to be alive.
Israel has consistently denied committing war crimes in its campaign in Gaza, maintaining that its military operations are in accordance with international law. Nonetheless, the intensity of the conflict and the mounting civilian toll have fueled international scrutiny and debate over arms exports to the region. The Dutch government, while reaffirming its commitment to the F-35 program, also underscored the urgent need for a ceasefire. “A ceasefire must be reached as soon as possible to end the violence and the suffering of the population, and to release the hostages,” the government stated.
The Dutch decision comes amid a broader European reckoning over arms exports to Israel. In August 2025, Slovenia announced a ban on the import, export, and transit of all weapons to and from Israel, calling it the first such move by a European Union member state. The United Kingdom suspended certain weapons exports to Israel last year, citing concerns they could be used in violations of international law, while Spain halted arms sales to Israel in October 2023. Legal challenges and debates over the weapons trade with Israel are also underway in France and Belgium. Meanwhile, in June 2025, the High Court in London rejected a legal challenge brought by a Palestinian rights group seeking to block Britain from supplying parts for Israeli F-35s, as reported by The Times of Israel.
The Dutch government’s swift decision to maintain the export ban, despite the Supreme Court’s ruling, reflects both the complexity and the urgency of the issue. On one hand, officials maintain that the F-35 program is essential for national and allied security. On the other, the government has signaled its awareness of the humanitarian crisis in Gaza and the growing international pressure for accountability and restraint. Notably, the government’s statement sought to separate its export policy from the current violence, even as it called for immediate action to end the suffering in Gaza and secure the release of hostages.
As the Netherlands navigates this contentious issue, the country remains in a period of political flux. National elections are scheduled for October 29, and the current government is operating in a caretaker capacity. The foreign ministry has not yet responded to requests for further comment, leaving open questions about how the next administration might approach the issue.
For now, the Dutch ban on F-35 parts exports to Israel stands as a significant, if contested, example of how legal, ethical, and political considerations intersect in the global arms trade. The coming weeks—marked by the Supreme Court’s six-week deadline for policy review and the looming elections—are likely to bring more debate and, perhaps, further developments on this front. But for the moment, the Netherlands has drawn a clear line, balancing its security commitments with mounting international and domestic calls for accountability in times of war.
