On Monday 22 January 2024, the Appeals Court in The Hague will hear the (turbo)expediated appeal in the summary proceedings that Oxfam Novib, PAX and The Rights Forum initiated against the State of the Netherlands against the verdict rendered by the preliminary relief judge of the District Court of The Hague on 15 December 2023 (verdict: Dutch / English).

In their appeal, Oxfam Novib et al demand that the State ends its export of F-35 fighter plane parts to Israel immediately, because Israeli F-35 fighter planes are contributing to (the threat of) genocide, and large-scale and grave violations of the laws of war in Gaza.

The organizations rely on general international law, the Genocide Convention, the Geneva Conventions, human rights treaties and European- and Dutch arms export regulations. The State has a duty to prevent (the threat of) genocide and to not contribute to it. The State also has a duty to respect the Geneva Conventions and ensure that they are respected. European- and national arms export regulations also oblige the State to cease the arms export of F-35 parts to Israel. As long as the State does not fulfill these obligations, it is acting unlawfully.

The judgment rendered by the preliminary relief judge of the District Court of The Hague, contains both legal and factual flaws, which is why the organizations lodged their appeal with the Appeals Court of The Hague. The organizations have substantiated their position in detail in their Appeal Brief (available in Dutch; Memorie van Grieven).

The hearing before the Appeals Court in The Hague is public and may also be accessible digitally via a livestream. This news item will be updated with the link to such a livestream if and when it becomes available.

Date: Monday 22 January 2024

Start: 09:30 o’clock (CET)

Court: Appeals Court of The Hague

Address: Prins Clauslaan 60 in The Hague (2595 AJ), the Netherlands

The organizations are represented in this appeal by lawyers Liesbeth Zegveld and Thomas van der Sommen.

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[Source: R. Sullivan, 'Two Israeli F-35 "Adirs", Israel' (via Picryl Media)]


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