After the outbreak of the war in Gaza, the Dutch government has decided to continue supplying spare parts for Israeli F-35 fighter planes, despite official warnings that this may commit “serious violations of humanitarian law”, it appears. from research by NRC.
The outgoing ministers of Foreign Affairs, Hanke Bruins Slot (CDA) and Liesje Schreinemacher (VVD), were informed in mid-October about an upcoming shipment of spare parts for the Israeli F-35s from the Netherlands, government sources say. Officials warned of the risks of violations of the laws of war by Israel, which has been in conflict since the start of the war with Hamas. 12,000 targets in the densely populated Gaza. Thousands of Palestinian civilians were probably killed. Nevertheless, the ministers decided to allow the mission to proceed. The Ministry of Foreign Affairs confirms that the export of goods to “international partners in the F35 program”, including Israel, has not been restricted so far.
After the Hamas terror attack on October 7, the Israeli Air Force placed an order with it F-35 European Regional Warehouse at Woensdrecht air base. This warehouse is one of three distribution centers from which spare parts for the F-35 are distributed worldwide. In addition to European countries, Israel also uses the distribution center. The spare parts are said to have been collected in the Netherlands by an Israeli transport aircraft.
Lots of maintenance
The F-35 is an advanced and complex fighter aircraft that requires a lot of maintenance: without spare parts the aircraft cannot be kept in the air for long. In that respect, supplies via the Netherlands are important for the current Gaza war. In 2022 Israel imported a total of 2.3 million euros of military goods from the Netherlands in the context of the F-35 program.
A general license applies to the export of F-35 spare parts, which all partner countries can use, so that a separate license does not have to be requested for each application. However, the Dutch government can intervene if exports go against Dutch foreign policy. Between 2004 and 2020, the Netherlands refused a permit for the export of military goods to Israel 29 times.
After the Israeli order, customs asked the Foreign Office whether the Netherlands wanted to block the shipment of F-35 parts because of the war. Lawyers at the department then warned that there were risks of violations of the laws of war because Israel is using the F-35s in the large-scale bombing of Gaza. According to Israeli media the F-35 plays a major role in the ‘Swords of Iron’ operation, both in collecting target information and in carrying out precision bombing. During a visit to the Israeli F-35 squadron At Nevatim Air Base, Chief of Staff Herzl Halevi spoke of “seamless cooperation” between the Israeli Air Force and the troops on the ground.
Despite concerns about possible war crimes, officials recommended the delivery go ahead. Political considerations were the deciding factor here. According to insiders, blocking the delivery could cause major damage to relations with both Israel and the United States. The Americans, the most important military ally of the Israelis, trust that the Dutch distribution center can guarantee the support of the F-35s of allies.
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‘Extra control’
In response to questions from NRC, the Ministry of Foreign Affairs states that the government is considering whether it is desirable to subject “specific deliveries” in the context of the F-35 program, such as to Israel, to “additional checks”. “The Israeli right to self-defense” and “the risks of violations of international humanitarian law” will be taken into account, the ministry said.
According to an analysis published by legal experts on behalf of human rights organization Legal Action Worldwide (LAW), both Israel and Hamas may be guilty of war crimes and crimes against humanity. According to the lawyers, it appears that the Israelis are targeting densely populated areas, such as markets, schools and mosques, with their air strikes. According to the lawyers, the Israeli armed forces may therefore be guilty of war crimes under Article 8 of the Rome Statute of the International Criminal Court, such as willful killing (intentional killing of civilians).
The lawyers therefore call it “worrying” that some states have promised to provide military or financial support to Israel and Hamas. The Dutch state is partly responsible for violations of the laws of war, says professor of international law Liesbeth Zegveld. “The Netherlands must assume that everything supplied will be used in disproportionate air strikes, making no distinction between civilians and Hamas fighters. The Netherlands knowingly contributes to war crimes.”
The Dutch government has so far refused to comment on possible war crimes by Israel. However, other countries have fewer reserves. Belgian Prime Minister Alexander de Croo said last Monday that Israel violates the humanitarian laws of war “on a daily basis”. “What is happening today in Gaza is no longer proportionate,” De Croo said.