On Friday 29 November 2024, the Advocate General advised the Dutch Supreme Court to reject the State's cassation apeal against the judgment of the Appeals Court of The Hague, and thus to uphold the order to cease the export of F-35 components to Israel.
The Court of Appeal in The Hague ordered the State on 12 February 2024 to cease all (factual) export or transit (re-export) of F-35 fighter jet parts to Israel as final destination. The Court of Appeal ruled that there is a clear risk that Israel will commit serious violations of the international humanitarian law in the Gaza Strip with the F-35 fighter jets. The State filed a cassation appeal against this judgment and on 6 September the Supreme Court heard the parties.
The Advocate General's conclusion is an authoritative advice to the Supreme Court. The Advocate General agreed with the organisations Oxfam Novib, PAX and The Rights Forum on all points, and rejected all of the State's arguments in cassation. According to the Advocate General, the Court of Appeal was able to hold that there is a clear risk that serious violations of international humanitarian law will be committed on the Gaza Strip with Israeli F-35 fighter jets and that pursuant to various international regulations to which the Netherlands is a party, the export of military goods must be prohibited if such a clear risk exists.
It is now up to the Supreme Court to give a final ruling in cassation. The ruling is expected in February 2025.
The organizations are represented by lawyers Liesbeth Zegveld and Thomas van der Sommen from Prakken d'Oliveira Human Rights Lawyers, and in cassation by lawyers Philip Fruytier and Hugo Boom from law firm BarentsKrans.
Parralel to the cassation proceedings, separate summary proceedings are ongoing because Oxfam Novib et al. have noted that the State of the Netherlands is not properly complying with the Appeals Court's judgment of 12 February 2024. F-35 parts supplied from the Netherlands can still end up in Israel (through the United States) (see here for more information). In these second summary proceedings, the District Court of The Hague had rejected the request to impose a penalty payment on the State to ensure compliance with the judgment. Oxfam Novib et al. have appealed this decision.
Annexes
- Conclusion by Advocate General Mr. P. Vlas (in Dutch): Parket bij de Hoge Raad 29 november 2024, ECLI:NL:PHR:2024:1279
- Dutch Supreme Court news bulletin
- Press release by Oxfam Novib et al (in Dutch)
[Source: R. Sullivan, 'Two Israeli F-35 "Adirs", Israel' (via Picryl Media)]
Previously
- Gaza | Hearing 6 September at the Supreme Court on the cassation of F-35 export to Israel from the Netherlands
- Judgment Court of Appeals The Hague: (re: Gaza) The Netherlands must stop exporting F-35 fighter jet parts to Israel
- 12 February 2024 | Judgment/live stream (turbo)expediated appeal by Oxfam Novib et al about ending F-35 weapons export to Israel by the Netherlands
- Re: Gaza | Hearing (turbo)expediated appeal by Oxfam Novib, PAX and The Rights Form in summary proceedings about ending F-35 weapons export to Israel by the Netherlands : 22 January 2024
- Summary proceedings re: Gaza: Monday 4 December 2023, 10:00 AM [CET] (District Court of The Hague) / livestream
- Summary proceedings against the Netherlands for contribution to large-scale and grave violations of IHL by Israel in Gaza