Geopolitical Chess: Netherlands Weighs US Alliance vs. Legal Risks in F-35 Case

The Dutch Supreme Court is at the center of a geopolitical chess match, with its ruling on F-35 parts for Israel set to impact relations with both the United States and Israel. The government is appealing a ban on the exports, arguing that its role as a key logistics hub for the U.S. military outweighs legal risks highlighted by human rights groups.
The lawsuit, brought by three NGOs, claims that facilitating the shipments makes the Netherlands complicit in alleged Israeli war crimes in Gaza. This has placed the government in a difficult position, caught between its treaty obligations and its strategic alliance with the U.S., which owns the parts stored in the Dutch warehouse.
An appeals court decision in February 2024 brought the issue to a head, ordering an immediate halt to the transfers. The court prioritized the “clear risk” of the parts being used in violations of humanitarian law over the government’s political and economic arguments. This is the ruling the government is now trying to overturn.
In its appeal, the government has emphasized that foreign policy is its prerogative and that the courts should not interfere. It has also stressed the practical reality that the U.S. controls the parts and would ensure their delivery to Israel with or without Dutch cooperation, making the ban a potentially damaging but ultimately ineffective gesture.
This high-stakes legal decision is being made as the war in Gaza, which began on October 7, 2023, continues to generate international controversy. The massive Palestinian death toll has fueled a movement across Europe to scrutinize and, in some cases, suspend arms sales to Israel, putting allied governments under increasing pressure.