Dutch Court Halts F-35 Aircraft Deliveries for Israel - A “clear risk” of abuse

In a landmark decision, the Hague Court of Appeal ordered the Dutch government on 12 February 2024 to stop supplying Israel with F-35 fighter jet parts because there was a “clear risk” that serious violations of international humanitarian law (IHL) would be committed with the aircraft in Gaza. In their unanimous decision, the three judges relied on the European Union (EU) Common Position on Arms Exports and the Arms Trade Treaty as they apply to Dutch law, which outline criteria against which military exports must be assessed to determine the risk of abuse. The judgment made important findings... Mehr ...

Verfasser: León Castellanos-Jankiewicz
Dokumenttyp: Artikel
Erscheinungsdatum: 2024
Reihe/Periodikum: Verfassungsblog, Iss 2366-7044 (2024)
Verlag/Hrsg.: Max Steinbeis Verfassungsblog GmbH
Schlagwörter: Arms Exports / Clear Risk / Export / IHL / Israel / Law / K
Sprache: Deutsch
Englisch
Permalink: https://search.fid-benelux.de/Record/base-28989380
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://doi.org/10.59704/4ef8e6e2634877d7

In a landmark decision, the Hague Court of Appeal ordered the Dutch government on 12 February 2024 to stop supplying Israel with F-35 fighter jet parts because there was a “clear risk” that serious violations of international humanitarian law (IHL) would be committed with the aircraft in Gaza. In their unanimous decision, the three judges relied on the European Union (EU) Common Position on Arms Exports and the Arms Trade Treaty as they apply to Dutch law, which outline criteria against which military exports must be assessed to determine the risk of abuse. The judgment made important findings on the nature of these risk assessments, which may have significant implications in future litigation.