An internal clash is gripping the Netherlands as its own legal and political institutions battle over the country’s stance on Israel’s war in Gaza. The Supreme Court is now the arena for the final act of this dispute, hearing the government’s appeal against a judicially imposed ban on F-35 parts exports.
This is a case of the Netherlands versus the Netherlands. On one side are the human rights groups and the appeals court, which argue that the country’s commitment to international law must prevent it from supplying military components that could be used in war crimes. They point to the catastrophic humanitarian situation in Gaza as proof that action is necessary.
On the other side is the Dutch government, which argues for its sovereign right to define and execute foreign policy. It views the court-ordered ban as an infringement on its powers and a threat to its international relationships, particularly within the U.S.-led F-35 consortium.
The conflict began in the courts in late 2023 but became a full-blown confrontation between branches of government in February 2024, when the appeals court directly ordered the executive branch to stop the shipments. This set a collision course that can only be resolved by the nation’s highest legal authority.
As the Supreme Court deliberates, it is weighing two competing visions of the Dutch state: one where the judiciary acts as a definitive moral and legal backstop, and another where the government has the final say on matters of war and peace. The outcome will shape the balance of power in the Netherlands for years to come.