Behind the Dutch F-35 Case: A Look at the October 7 War Context

To understand the Dutch Supreme Court case over F-35 parts, one must look at the brutal conflict that sparked it. The court’s deliberations are inextricably linked to the war that began on October 7, 2023, and the staggering human cost it has incurred.
The war was triggered when Hamas militants stormed into Israel, killing approximately 1,200 people, mostly civilians, and taking about 250 hostage. This act of violence prompted a massive and sustained military response from Israel in the Gaza Strip, with the stated aim of destroying Hamas.
It is the nature of this response that is at the heart of the Dutch legal case. Israel’s campaign in Gaza has killed more than 66,200 Palestinians, according to Gaza’s Health Ministry. The ministry, which is part of the Hamas-run government, notes that women and children account for about half the dead. These figures are considered the most reliable estimates by U.N. agencies and many experts.
Human rights groups in the Netherlands seized on this context to argue that F-35 fighter jets, used extensively by Israel, were contributing to potential war crimes. They sued their government to stop the transit of U.S.-owned F-35 parts from a local warehouse, claiming complicity.
As the Dutch Supreme Court hears the government’s appeal against a ban on these parts, the events since October 7 provide the grim backdrop. The legal arguments over jurisdiction and foreign policy cannot be separated from the real-world violence that led to the lawsuit in the first place.