The Dutch government is facing an uphill battle in its Supreme Court appeal to resume F-35 parts shipments to Israel, particularly after a key legal advisor recommended its case be rejected. The hearing on Friday will determine if the government can overcome both a lower court ruling and this negative advisory opinion.
Last November, a senior legal advisor to the Supreme Court, known as an Advocate General, issued a non-binding but highly influential opinion on the government’s appeal. The advisor concluded that the appeal should be dismissed, lending significant legal weight to the arguments made by the human rights groups that initiated the case. While the judges are not required to follow this advice, they often do.
This development adds another layer of difficulty for the government, which is already challenging a strong ruling from a lower appeals court. In February 2024, that court ordered an immediate halt to the exports, citing the “clear risk” of the parts being used in violation of international law in Gaza.
The government’s core arguments—that foreign policy is its exclusive domain and that a ban would be ineffective—must now be compelling enough to persuade the Supreme Court judges to disregard both the appeals court’s definitive ruling and the advisor’s pointed recommendation.
The case was brought over concerns about complicity in Israel’s military campaign in Gaza, where the death toll has surpassed 66,200. With the legal tide seemingly against it, the government’s appeal is a high-risk effort to reassert its authority over the judiciary.