The power of the judiciary to challenge and even block government foreign policy is being tested at the highest level in the Netherlands. The Supreme Court is ruling on the government’s appeal against a court-ordered ban on shipping F-35 fighter jet parts to Israel.
This legal confrontation was sparked by a lawsuit from three human rights organizations that accused the government of violating its legal duties. They argued that by allowing the shipments, the state was complicit in Israel’s military actions in Gaza, which they allege constitute war crimes.
An appeals court handed the activists a major victory in February 2024, imposing the ban and asserting the judiciary’s role in enforcing international law, even when it conflicts with government policy. The government’s appeal to the Supreme Court is a direct response to this assertion of judicial power.
In its arguments, the government has stressed that the courts are not equipped to make foreign policy decisions, which involve a complex balance of interests. It has also argued that the ban is an empty gesture, as the U.S.-owned parts would find another route to Israel.
The ruling comes as the Gaza war, which followed the October 7 Hamas attack, continues to generate global controversy. The Dutch case is emblematic of a wider trend in which citizens and rights groups across Europe are turning to the courts to force their governments to take a stronger stance on the conflict.
The Power of the Courts: Dutch Judiciary Challenges Government on Israel Arms Policy
