Netherlands fights accusation it is complicit in Israeli 'war crimes' in Gaza

Though the Dutch Defense Ministry would not comment on the case, a letter said "it cannot be established that the F-35s are involved in grave violations of the humanitarian laws of war."

 IAF 'Adir' F-35 fighter jets seen escorting US B-52 bombers on November 10, 2022 (photo credit: IDF SPOKESPERSON'S UNIT)
IAF 'Adir' F-35 fighter jets seen escorting US B-52 bombers on November 10, 2022
(photo credit: IDF SPOKESPERSON'S UNIT)

The Netherlands faces a legal challenge on Monday over accusations that its role in the export of F-35 fighter jet parts to Israel makes it complicit in alleged war crimes in Gaza.

Three human rights organizations, including the Dutch arm of Oxfam, have brought the case at the district court in The Hague, stating the export of the fighter plane parts enables Israel to bomb the Gaza Strip.

"Israel disregards the fundamental principles of the laws of war, such as distinguishing between civilian and military targets and the principle of proportionality," in the bombing of the Gaza Strip, the organizations said in their court filings.

Israel denies having carried out war crimes, saying its forces abide by international law while fighting Hamas terrorists who operate in densely populated civilian areas.

Why is The Netherlands in question?

The Netherlands is home to a regional warehouse that stores US-owned F-35 parts, which can be sent on to other F-35 partner countries such as Israel.

 The entrance of the Internatinal Criminal Court (ICC) is seen in The Hague March 3, 2011.  (credit: REUTERS/JERRY LAMPEN)
The entrance of the Internatinal Criminal Court (ICC) is seen in The Hague March 3, 2011. (credit: REUTERS/JERRY LAMPEN)

Several weeks after the Oct. 7 Hamas attacks, the Dutch government allowed a shipment of reserve parts for Israeli F-35s, government documents show.

The Dutch Defense Ministry, which oversees the exports, would not comment on the court case, but in a letter to parliament last week said that, based on the current information, "it cannot be established that the F-35s are involved in grave violations of the humanitarian laws of war."

More than 15,400 inhabitants of the Gaza Strip have been killed as of Sunday, according to the Palestinian Bureau of Statistics, in nearly two months of warfare that broke out after the Hamas cross-border raid on southern Israel in which 1,200 Israelis were killed and more than 200 taken hostage.

The court case will start at 10 a.m. CET (0900 GMT) and will hear the claimants' case and a response by lawyers for the Dutch state. A ruling is expected in two weeks.