A ban on F-35 parts exports to Israel, imposed by a Dutch court, has become a major test of the rule of law in the realm of foreign policy. The Supreme Court is now set to deliver a final ruling on the government’s appeal against this judicial intervention.
The case was initiated by human rights groups who argue that foreign policy is not above the law. They contend that the government’s decision to allow the shipments to Israel violates clear legal prohibitions on arms exports that risk being used in war crimes.
This argument was accepted by an appeals court in February 2024, which ruled that the government must comply with the law and halt the transfers. The government’s appeal is a direct challenge to this principle, arguing for a “political question” doctrine that would place foreign policy outside the reach of the courts.
The government’s case is that assessing the risks and benefits of such shipments is a complex political judgment that the constitution entrusts to the executive, not the judiciary.
The Supreme Court’s decision will be a landmark in Dutch constitutional law. It is being made in the context of the devastating Gaza war, a conflict that has made the question of legal accountability for foreign policy decisions more urgent than ever.
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