The Netherlands says it can’t cease exporting F-35 components to Israel

• Rollinde Hoorntje

  Home editor

The Dutch authorities acknowledges that fighter jet components produced within the Netherlands can go to Israel by way of the US. Originally of this 12 months, the courtroom in The Hague determined that the Netherlands should cease the export or switch of F-35 components to Israel, however in accordance with the Netherlands, no agreements might be made by the US to stop the components from expiring. up in Israel astray.

That is evident from new procedural paperwork submitted for a second transient to be heard on the courtroom in The Hague on Friday, partly in response to reported by the NOS. Oxfam Novib, Pax and the Rights Discussion board have sued the State as a result of they consider that the Netherlands is just not complying with the ban on the export of F-35 components to Israel. The civil society teams are asking the decide to re-tighten the export license for the provision of spare components.

Within the new courtroom paperwork, the State admits that the US is transporting fighter jet components made within the Netherlands to different international locations for the worldwide assortment of spare components. Israel additionally attracts from that pool. American Protection is aware of the place 99 p.c of these components find yourself, in accordance with paperwork submitted by civil society teams for the abstract proceedings.

This features a US authorities report from final 12 months saying that there’s a system in place the place JPO, the company that manages the F-35 program, tracks components of F- 35 within the US and that they know by way of producers and subcontractors the place spare components are saved. . The principle F-35 producers, Lockheed Martin and Pratt & Whitney, have their very own programs for this, the paperwork present.

The variety of components that went from the US to Israel drastically elevated from October 2023, due to the provision of components from different international locations. The US doesn’t need to make agreements with the Netherlands on the restriction of motion to 3rd international locations, as a result of it could not be doable to search out out the place these components find yourself, the State of the Netherlands says .

In line with civil society teams, the State is thus going in opposition to the spirit of the earlier judgment on this case, from February. When judgement the courtroom within the Hague ordered the Netherlands to cease the export or switch of F-35 components to Israel, as a result of danger of “severe violations of humanitarian legislation” in the course of the bombing of Gaza. Greater than 37,000 Palestinians have been killed since October 7.

The Dutch State appealed in opposition to the ruling of the courtroom in The Hague, however modified the export allow. It now says exports are banned “whether it is decided that the ultimate vacation spot is Israel”. This makes it doable to export components first to the US or different international locations, after which to Israel. “The state could have closed the entrance door,” stated Rolien Sasse of Pax earlier in opposition to NRC“however the again door is left open”.

Following the courtroom choice, direct exports from the European distribution heart in Woensdrecht to Israel have been halted. Elements produced within the Netherlands which are saved in different services elsewhere on the planet by way of the main American producers Lockheed Martin and Pratt & Whitney Nevertheless, they’re nonetheless being despatched to Israel, in accordance with the brand new courtroom paperwork.

Elements from the Netherlands for the worldwide pool of spare components will change into American property and can’t be traced by code, Protection says in a semi-confidential letter submitted by the State.

The components from the Netherlands could be no totally different from components from different international locations. It’s subsequently not possible to stop Dutch components from being given to Israel, the explanations of the State. Stopping Dutch deliveries to American producers would halt your complete F-35 program. For some components such because the touchdown gear and cables of the F-35, the Dutch GKN Fokker is the one producer worldwide.

The federal government has not made any settlement with the US to stop components produced within the Netherlands from ending up in Israel’s F-35s. The Cupboard, so write Outgoing International Commerce Minister Schreinemacher beforehand instructed the Home of Representatives that “this isn’t believable on the idea of confidential info”. In line with the State, no new F-35s for Israel shall be produced within the close to future.

The State acknowledges that Dutch components for restore and upkeep can find yourself in Israel by way of the US. It’s now as much as the decide to think about whether or not and to what extent the Netherlands ought to implement US warrants to stop the latter. The case shall be heard on Friday, the choice shall be introduced later.