Oxfam: Dutch Court Halts F-35 Sale to Israel, Binds Europe

by Rachel
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The political advisor to the international humanitarian organization “Oxfam,” Dirk Jan Jalving, stated that European countries must adhere to the decision of the Dutch Court of Appeal regarding the suspension of the sale of parts of the American F-35 fighter jet to Israel.

Oxfam is one of the parties involved in the case on which the Dutch Court of Appeal issued a decision yesterday, Monday, suspending the sale of F-35 fighter jet parts to Israel due to violations of international humanitarian law.

The Dutch court considered that Israel did not adequately consider the damages inflicted on civilians during its war on the Gaza Strip, stating that it ordered the halt of the export of F-35 fighter jet parts to Israel within 7 days.

Jalving was quoted by Anadolu Agency as saying that the lawsuit against the Dutch government aims to “ensure their compliance with their obligations under international law,” affirming that “the parts provided by the Dutch government contribute to a serious violation of international humanitarian law.”

He considered that all countries are obligated to “fulfill their legal obligations regarding the impact of the Hague Court of Appeal decisions on fighter jet parts sales and compliance with the Geneva Convention and the Arms Trade Treaty.”

He added, “Europe as a whole must take a united stance in line with the decision. The conclusions reached by the Dutch court should also affect other countries. Other European countries, in principle, should adopt the Dutch court decision to suspend sales due to violations of international humanitarian law, and technically, all European countries must abide by the same legal rules.”

Regarding the consequences of the decision, Jalving said, “I believe that this decision will put pressure on Israel and put an end to violations of international humanitarian law.”

The director of Oxfam, Michel Servais, expressed hope that “this ruling will strengthen international law in other countries, allowing the people of Gaza to enjoy the protection of international law.”

Netherlands Justification

In a statement following the decision of the Court of Appeal in The Hague, officials from the Dutch government mentioned that they will appeal before the Dutch Supreme Court against the decision, in line with the instructions of Jeffrey van Leeuwen, Deputy Minister of Foreign Trade and Development Cooperation.

The statement indicated that the government believes that “the distribution of spare parts for American F-35 aircraft is not contrary to the law,” confirming that consultations will be held with “international partners.”

The case pertains to spare parts owned by the United States and stored in the Netherlands before being sent to partner countries, including Israel, under export agreements.

Dutch authorities stated last November that it is unclear whether they even have legal authority over the delivery operations that are part of a process managed by the United States to supply all companies in the “F-35” program with parts.

Lockheed Martin, the manufacturer of the “F-35” aircraft, stated in a press release that it is assessing the implications of the Dutch court’s decision on its supply chain but added that they are “ready to support the US government and its allies as necessary.”

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