A Clash of Titans: Dutch Government and Judiciary Face Off Over F-35s

A constitutional clash of titans is playing out in the Netherlands, as the government and the judiciary face off over the authority to control the export of F-35 parts to Israel. The Supreme Court is set to deliver a final ruling in this high-stakes confrontation.
The dispute began when human rights groups sued the government, leading to an appeals court decision in February 2024 that banned the shipments. This ruling was a bold assertion of judicial power, which the government is now contesting in its final appeal.
The government’s position is that the appeals court engaged in judicial overreach, meddling in the sensitive and complex domain of foreign policy. It argues that such decisions are the sole prerogative of the executive branch.
The judiciary, as represented by the appeals court, has taken the stance that its duty is to uphold the law, including international treaties, and that no branch of government is exempt from this duty. This has set up a fundamental disagreement over the separation of powers.
The Supreme Court must now act as the ultimate referee in this dispute. Its decision will not only determine the fate of the F-35 parts but also help to define the balance of power within the Dutch state for years to come, all against the backdrop of the ongoing Gaza war.