Why did the court order the Netherlands to stop supplying F-35 parts to Israel?

The Court of Appeal in The Hague (Netherlands) sided with a group of human rights organizations that said the above parts contributed to Israel's violations of law in the war against Hamas in Gaza, according to AFP.

“The court orders the State to cease further exports of F-35 parts to Israel within seven days,” the court stressed in its ruling.

“There is a clear risk that Israeli F-35 fighter jets have committed serious violations of humanitarian law during the fighting in the Gaza Strip,” a judge added.

US F-35 parts are stored in a warehouse in the Netherlands and then shipped to a number of partners, including Israel, through existing export agreements.

Vì sao tòa án ra lệnh Hà Lan dừng cung cấp bộ phận F-35 cho Israel?- Ảnh 1. — An F-35 flies at an exhibition in the UK.

A court in The Hague had previously ruled in December 2023 that the supply of components was largely a political decision that judges should not interfere with. However, the appeals court overturned that ruling, saying the Netherlands “must prohibit the export of military goods if there is a clear risk of a serious violation of humanitarian law in times of war.”

"Israel did not take full account of the consequences for civilians when carrying out its attacks," the appeals court ruled, saying the Gaza offensive "caused huge civilian casualties, including thousands of children".

Dutch authorities said it was unclear whether they had the right to intervene in the delivery, part of a US-led operation to provide parts to all F-35 partners.

The export licence was granted in 2016 for an indefinite period, but the court ruled that the situation had changed radically since then and the government had to take account of the changing situation.

"The fact that the licenses are granted for an unlimited period does not mean that the State can turn a blind eye to what happens afterwards," the court stressed.

The International Court of Justice in The Hague, which adjudicates disputes between states, has also ruled that Israel must do everything possible to prevent acts of genocide in Gaza, according to AFP.

PAX Netherlands, one of the human rights groups involved in the appeal, said the ruling "strengthens our confidence in a positive judgment in our case".

In addition, Mr. Michiel Servaes, head of Oxfam Novib, another group participating in the appeal, commented: "This positive judgment by the judge is very good news, especially for civilians in Gaza."

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