The Hague district court has ruled that there is no evidence the Netherlands is not complying with a ban on the export of fighter jet parts to Israel, dismissing a complaint from human rights organisations who wanted the government fined €50,000 per day.

Oxfam Novib, Pax Nederland and The Rights Forum filed the civil complaint in December, arguing that shipping F-35 parts which are owned by the United States, but stored in a warehouse on Woensdrecht air base, makes the Dutch complicit in war crimes in Gaza.

In January a lower court rejected the complaint, saying the situation was unclear. But the groups won on appeal in February. “It is undeniable that there is a clear risk that the exported F-35 parts are used in serious violations of international humanitarian law,” judge Bas Boele said at the time.

Last month, the groups went back to court, arguing the Netherlands was evading the ban by shipping the parts to the United States, which is in turn sending them on to Israel.

The judge disagreed, finding that the groups were interpreting the ruling “too broadly.”

In a joint statement, the three said they were continuing further legal action. “We regret that the court cannot fully rule in our favour because the court of appeal’s ruling is interpreted more narrowly. This decision means that a new injunction is needed to stop deliveries via the US to Israel,” they said.

In 2023 the NRC reported that the Dutch government has supplied parts for F-35 fighter jets to Israel despite concerns by civil servants that the bombardment of Gaza breaches international law.

Israel ordered components from the F-35 storage facility, based at Woensdrecht airbase, in the wake of the October 7 terrorist attacks by Hamas, as part of what Israeli chief of staff Herzl Halevi called a “seamless co-operation” between ground troops and air defence in the Gaza Strip.

Then caretaker foreign affairs minister Hanke Bruins Slot and foreign trade minister Liesje Schreinemacher were informed of the delivery in October.

Under the terms of the deal, Israel can request parts from European stocks without requiring a separate export licence each time, but the Dutch government can intervene if a delivery conflicts with its foreign policy.

The government has appealed against the ban and the supreme court will hear the case in the autumn.