Dutch Supreme Court Ruling: A Test of European Arms Export Controls

A forthcoming ruling from the Dutch Supreme Court on F-35 parts for Israel is being viewed as a significant test of the strength and enforceability of European arms export controls. The court will decide whether to uphold a ban imposed over concerns that the parts are contributing to violations of international law in Gaza.
The case was brought by activists who argue that the Netherlands is violating both its own laws and common EU rules on arms exports, which prohibit transfers when there is a clear risk they could be used to commit serious human rights abuses.
An appeals court sided with this interpretation in February 2024, ordering a halt to the shipments to Israel. This decision was a powerful affirmation of the legal frameworks designed to regulate the arms trade. The government’s appeal, however, seeks to carve out an exception based on foreign policy considerations and the fact that the parts are U.S.-owned.
The government’s argument is that the unique nature of the F-35 logistics hub—a U.S.-run facility on Dutch soil—places the situation outside the normal scope of export controls. They also contend that a Dutch ban would be practically ineffective, a point disputed by the rights groups who argue that every action to uphold the law matters.
The war in Gaza, triggered by Hamas’s October 7 attack, has created the context for this legal showdown. The high casualty figures have put intense pressure on European governments to apply their own arms export laws more rigorously, with Spain, the UK, and Slovenia already taking restrictive measures against Israel.