Can a Dutch Court Stop US-Owned F-35 Parts from Reaching Israel?

The question of whether a Dutch court can effectively stop U.S.-owned F-35 parts from reaching Israel is at the heart of a Supreme Court case awaiting a final ruling. The government is appealing a ban, arguing that it is legally and practically powerless to block the shipments.
The lawsuit was brought by human rights groups who argue that Dutch sovereignty and law are paramount on Dutch soil. They contend that the government has both the power and the duty to halt the transfers to prevent complicity in alleged war crimes in Gaza.
An appeals court agreed with this view in February 2024, imposing the ban and rejecting the government’s argument of powerlessness. The government’s appeal to the Supreme Court is a final attempt to convince the judiciary that its hands are tied by its agreements with the U.S.
The government’s lawyers have argued that the Netherlands is merely a “landlord” for a U.S. warehouse and that a ban would be an empty and damaging act of defiance against a key ally.
The Supreme Court’s decision on this issue will have significant implications for the sovereignty of host nations in multinational military programs. It comes as the war, which began on October 7, continues to test the limits of international alliances and legal obligations.