BSS
  12 Jul 2024, 17:34

Court rebuffs fining Netherlands for Israel jet parts

THE HAGUE, July 12, 2024 (BSS/AFP) - Dutch judges on Friday slapped down an
urgent request by a trio of rights groups to penalise the Netherlands for not
respecting a ban on supplying F-35 fighter jet parts to Israel.

In a landmark verdict in February, an appeals court ordered the Netherlands
to stop delivering parts for fighter jets used by Israel in its offensive in
the Gaza Strip.

But the rights groups went back to court in June, saying that the ban has not
prevented parts actually ending up in Israeli planes.

Their lawyers accused the Dutch government for continuing "to deliver (parts)
to other countries, including the United States."

The three groups asked The Hague District Court in an urgent request to
impose a 50,000 euro per day fine on the state for not respecting the
verdict.

Their lawyers said F-35 parts exported by the Netherlands continued to reach
Israel via other routes including the so-called "Global Spares Pool" -- a
joint stock of spare parts maintained by countries that operate the F-35.

The Hague District Court's judges agreed Friday, but stressed February's
judgement "said nothing about the route that parts take via other countries
for the production of the F-35."

The February judgement had a "more limited scope" than the rights group's
current urgent request, the judges said.

"It has not been demonstrated that the State is not complying with the ban or
does not intend to continue to comply with the ban," the judges said.

"Therefore, there is no penalty for a violation," the judges said.

In its verdict in February, appeals judges found that there was a "clear
risk" the planes would be involved in breaking international humanitarian
law.

The Dutch government then acknowledged it could not prevent parts shipped to
the United States eventually ending up in Israeli F-35s.

But its lawyers said it did not believe the Netherlands had to restrict
exports of F-35 parts to countries other than Israel.

The Dutch government added it would implement the February verdict but
announced it would appeal to the Supreme Court.

The war started with Hamas's October 7 attack on southern Israel, which
resulted in the deaths of 1,195 people, mostly civilians, according to an AFP
tally based on Israeli figures.

Israel's retaliatory offensive has killed at least 38,345 people, also mostly
civilians, according to data from Gaza's health ministry.