De Hoge Raad over de F-35-uitvoer naar Israël: De politiek aan zet, de rechter buiten schot en twee onbeantwoorde vragen

The Dutch Supreme Court ruling of October 3, 2025, on the export of F-35 parts to Israel touches on fundamental questions about the role of the judiciary in politically sensitive cases, the scope of international obligations regarding arms exports, and the legal validity of open or general licenses within multinational defense projects. The Supreme Court ruled that the Arms Trade Treaty and the EU Common Position do not contain an obligation to reassess such licenses if circumstances have changed, but that a voluntary reassessment must be tested against the international criteria. This article argues that the general license for the export, which has been in force since 2016, does not meet the requirements of transparency and case-specific assessment as laid down in the Arms Trade Treaty. It also poses the question to what extent export control by the US can still be considered adequate by the Dutch government.