Oxfam Novib, PAX, and The Rights Forum are suing the Dutch State to stop F-35 fighter jet parts from the Netherlands reaching Israel, including through the United States. Their appeal over these indirect deliveries is pending at the Court of Appeal of The Hague. The court will hear the merits on January 15, 2027.
Latest development Jul 10, 2026
On July 10, 2026, the Court of Appeal of The Hague refused, for now, to admit a confidential document from the Commander of the Armed Forces. The State wanted to file it with the court only and said it shows that halting indirect deliveries would harm the international F-35 program. Whether it can be filed later will be considered at the merits hearing on January 15, 2027.
Why it matters
The appeal will decide whether a Dutch court can require the State to stop F-35 parts from reaching Israel through the United States and the program’s shared supply chain. The answer affects Dutch arms export control and the Netherlands’ role as a regional F-35 parts hub.
Background
In November 2023, Oxfam Novib, PAX, and The Rights Forum brought summary proceedings against the State of the Netherlands over the export of F-35 fighter jet parts to Israel. They argued that Israel was using F-35 aircraft in Gaza in breach of international humanitarian law. The District Court of The Hague rejected the claim on December 15, 2023. On February 12, 2024, the Court of Appeal of The Hague reversed. It ordered the State to stop all export and transit of F-35 parts with Israel as the final destination within seven days.
The organizations say Dutch parts continued to reach Israel indirectly, through the United States and the F-35 program’s shared Global Spares Pool. On May 27, 2024, they started new summary proceedings and asked for a penalty of €50,000 a day. On July 12, 2024, the District Court of The Hague refused. It held that the appeal ruling covered only deliveries from hubs such as Woensdrecht and not routes through other countries. The organizations appealed.
On October 3, 2025, the Supreme Court of the Netherlands set aside the 2024 order. It held that the assessment of the export license was for the government, not the court, and ordered the government to reassess the license within six weeks. On November 14, 2025, the government kept Israel excluded as an end destination under the general export license and said it would reassess again within six months. It said the reassessment does not cover exports of F-35 parts to other countries.
In the appeal, the organizations argue that the export ban must also stop parts that reach Israel through the United States. The State disputes this. On July 10, 2026, the Court of Appeal of The Hague refused, for now, to admit a confidential document from the Commander of the Armed Forces. The State says it shows the effect on the F-35 program. The merits hearing is set for January 15, 2027.
Timeline 8 events
-
Scheduled hearingCourt of Appeal hears the appeal on the merits
Oxfam Novib says the substantive hearing of the appeal over indirect deliveries is scheduled for this date.
-
OrderCourt of Appeal refuses for now to admit State’s confidential document
The State wanted to file a document from the Commander of the Armed Forces with the court only. The court left a later filing to the merits hearing.
PAX: Zitting F-35-rechtszaakThe Rights Forum: Rechter steekt stokje voor verdere vertraging F-35-rechtszaak
-
OtherGovernment keeps Israel excluded from F-35 parts export license
After its reassessment, the government kept the exclusion and set a further reassessment within six months. It said the reassessment does not cover exports to other countries.
-
JudgmentSupreme Court orders the government to reassess the export license
The court set aside the 2024 export ban, holding that the assessment is for the government, and ordered a reassessment within six weeks.
Supreme Court of the Netherlands, ECLI:NL:HR:2025:1435Rijksoverheid: Uitspraak Hoge Raad over de export van F-35-onderdelen
-
JudgmentDistrict Court refuses penalty and reads the appeal order narrowly
The court held that the February 2024 order covered deliveries from hubs such as Woensdrecht, not routes through the United States or the Global Spares Pool. The organizations appealed.
Rechtspraak: Geen dwangsom Staat op verbod levering F35-onderdelen naar Israël
-
FilingNGOs start new summary proceedings over indirect F-35 deliveries
The organizations said Dutch parts still reached Israel through the United States and asked for a penalty of €50,000 a day on the appeal court’s order.
-
JudgmentCourt of Appeal orders halt to F-35 parts exports to Israel
The court ordered the State to stop all export and transit of F-35 parts with Israel as the final destination within seven days.
Rechtspraak: Nederland moet de uitvoer van F-35-onderdelen naar Israël stoppen
-
JudgmentDistrict Court rejects NGOs’ first claim over F-35 parts for Israel
The court held that the State was not obliged to stop deliveries of F-35 parts to Israel under the license already granted.
Rechtspraak: Staat is niet verplicht levering van F-35-onderdelen aan Israël te staken