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Dutch human rights groups oppose the export of F-35 fighter parts from the Netherlands to Israel 🇮🇱

Fernando Valduga By Fernando Valduga 08/12/2023 - 00:07in Military

Human rights groups are trying to prevent the export of F-35 fighter parts from the Dutch government to Israel in a hearing that began on Monday. During the summary process before the District Court of The Hague, they argued that such exports make the Netherlands complicit in potential war crimes, pointing to the alleged use of these planes by Israel in attacks on Gaza.

The Israel-Hamas war has already resulted in more than 15,000 civilian victims.

Since 2019, Woensdrecht Air Base in the Netherlands has been storing U.S.-owned F-35 parts, which are then distributed to the requesting countries. After Israel's recent request for F-35 parts, Dutch customs requested government approval due to export license requirements for military products. Dutch ministers cited a decision not to interfere with existing agreements based on foreign and security policy considerations.

The human rights groups Oxfam Novib, PAX and The Rights Forum emphasized the importance of preventing civil damage to the detriment of complying with such political obligations. Its legal challenge focuses on the obligations arising from export law, the Dutch constitution and international law, including the Arms Trade Treaty (ATT) and the EU Common Position on the Control of Arms Exports. These instruments highlight the prohibition of arms exports when such exports contribute to human rights violations, in particular genocide, war crimes and serious violations of the Geneva Conventions. In particular, the human rights group raised concerns about a possible violation of the Genocide Convention.

PAX director Martje van Nes criticized the government for deviating from the clear framework for arms exports, considering it an accomplice to the use of combat aircraft by Israel.

The Minister of Foreign Affairs and the Minister of Foreign Trade and Development said they had considered the risks associated with exports of F-35 parts. Israel's right to self-defense, amid threats from Iran, Syria and Hezbollah, has been weighed against potential violations of human rights and international humanitarian law. Based on current information, they maintained that there is no evidence that the F-35 jets were involved in serious violations of international human rights law.

Human rights groups claimed that Dutch export rules prohibit the export of weapons if there is a clear risk that this will contribute to violations of international law. Frank Slijper of PAX also clarified that the claim does not depend on a violation of international law itself, but rather on the failure of the Dutch state to conduct an adequate risk analysis of possible violations of international law when approving the export license.

Israel has categorically denied any violation of international law since the October 7 attack by Hamas. On the other hand, numerous international NGOs have called for the investigation of the bombing of Israel, including Amnesty International and Human Rights Watch.

The verdict is scheduled to be delivered on December 15.

Source: Jurist.org

Tags: Military AviationF-35 Lightning IIF-35I 'Adir'IAF - Israeli Air Force/Israel Air ForceRNLAF - Royal Netherlands Air Force / Royal Dutch Air Force

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Fernando Valduga

Aviation photographer and pilot since 1992, has participated in several events and air operations, such as Cruzex, AirVenture, Dayton Airshow and FIDAE. He has work published in specialized aviation magazines in Brazil and abroad. Uses Canon equipment during his photographic work in the world of aviation.