A DUTCH court has ordered the government to block all exports of F-35 fighter jet parts to Israel over concerns they were being used to commit war crimes.
The court said: “It is undeniable that there is a clear risk the exported F-35 parts are used in serious violations of international humanitarian law.”
The Dutch appeals court on Monday said the government must comply with the order within a week and dismissed a request by state lawyers to suspend the order as they appeal the case up to the supreme court, Reuters reports.
The Netherlands case was brought by several human rights groups including the Dutch affiliate of Oxfam.
Manufacturers Lockheed Martin boast their F-35 fighter jets are “the most advanced node in 21st century warfare”.
They are equipped to carry JASSM or LRASM cruise missiles which the company say provided “increased […] lethality”.
In an earlier ruling, a lower Dutch court had stopped short of ordering the Dutch government to block exports of F-35 parts but in a ruling said it was likely the fighter jets were contributing to war crimes.
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The appeals court overturned the earlier judgment which found state had a large degree of freedom when it comes to weighing political and policy issues in deciding on arms exports.
The higher court said political and economic considerations did not trump the risks Israel was committing war crimes in its assault on Gaza.
So far, around 27,000 Palestinians have been killed in Israel’s bombardment of Gaza. Israeli fatalities have been markedly lower, with about 1139 people killed since the war broke out in October, according to Al Jazeera.
The country launched its assault on Gaza in response to Hamas’s attacks on October 7, in which 1200 people were killed during the group’s incursion into southern Israel.
The Dutch court’s ruling was welcomed by lawyer Tayab Alil, head of the International Centre of Justice for Palestinians.
Hailing it as a “huge legal victory”, he tweeted: “It is very clear that if you supply weapons to Israel they are likely to used in war crimes and you are likely to become complicit in those war crimes.
“Accountability may be slow but when it comes there will be no stopping it. This is just the beginning.
“We still need to hold the people behind these decisions personally accountable for supporting war crimes.”
Lockheed Martin and the Dutch government were approached for comment.
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