The Advocate General of the Dutch Supreme Court on Friday issued an opinion in favor of maintaining the ban imposed on the State from exporting parts of F-35 combat planes used by Israel in the Gaza Strip. In February, the Court of Appeal in The Hague ruled in favor of human rights organizations by ordering the Netherlands to stop the export of these documents, considering that there was a “obvious risk” that the devices are involved in violations of international humanitarian law.
Following this ruling, state lawyers appealed to the Supreme Court, which must now make a final decision. “The decision of the Court of Appeal in The Hague that the Dutch state must stop the export of F-35 parts to Israel may remain in force”said Paul Vlas, advocate general of the Supreme Court, the highest judicial body in the Netherlands. In his assessment, Mr. Vlas “based on various international regulations to which the Netherlands is a party, [et] the export of military goods should be prohibited if there is a clear risk” to violate them, the Supreme Court, which sits in The Hague, said in a statement.
The case was brought to court by human rights organizations who argue that the material contributes to Israel’s violations of the law in its war against Hamas. The Hague District Court ruled in December 2023 that the provision of the documents was above all a political decision in which judges should not interfere. But this decision was then overturned by the court of appeal in February.
The Dutch Supreme Court has several advocates general, presented as independent jurors with a “extensive professional experience”who advise the court’s judges before a final verdict. Although the Supreme Court is not obligated to follow this opinion, it has often been seriously considered and could serve as a barometer. “The Supreme Court will issue a decision as soon as possible”the court said.
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