Dutch court clears export of F-35 parts to Israel

A F-35 fighter jet flies during a graduation ceremony for Israeli Air Force pilots at Hatzerim Airbase, in southern Israel, June 29, 2023. (REUTERS)
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Updated 15 December 2023
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Dutch court clears export of F-35 parts to Israel

  • Dutch authorities said it was unclear whether they even had the power to intervene in the deliveries, part of a US-run operation that supplies parts to all F-35 partners

THE HAGUE: The Netherlands can continue to deliver parts for F-35 fighter jets used by Israel in the Gaza Strip after a Dutch court threw out a case brought by a group of human rights organizations.
The district court in The Hague said that supplying the parts was primarily a political decision that judges should not interfere with.
“The minister’s considerations are to a large extent of a political and policy nature, and judges should leave the minister a large amount of freedom,” the court ruled.
The organizations had argued that supplying the parts contributed to alleged violations of international law by Israel in its war with Hamas.
The US-owned F-35 parts are stored at a warehouse in the Netherlands and then shipped to several partners, including Israel, via existing export agreements.

BACKGROUND

A group of human rights organizations had argued that supplying the parts contributed to alleged violations of international law by Israel.

These parts “make it possible for real bombs to be dropped on real houses and on real families,” said Michiel Servaes, director of Oxfam Novib, one of the plaintiffs.
Dutch authorities said it was unclear whether they even had the power to intervene in the deliveries, part of a US-run operation that supplies parts to all F-35 partners.
“On the basis of current information on the deployment of Israeli F-35s, it cannot be established that the F-35s are involved in serious violations of humanitarian law of war,” the government said in a letter to parliament.
But Liesbeth Zegveld, a human rights lawyer for the plaintiffs, had dismissed that as “nonsense.”
She said the Dutch government was familiar with what she termed “the enormous destruction of infrastructure and civilian centers in Gaza.”
Government lawyers also argued that if the Dutch did not supply the parts from the warehouse based in the Netherlands, Israel could easily procure them elsewhere.
Now in its third month, the war was launched in response to the attacks on Israel by Hamas on Oct. 7.
According to the Health Ministry in Gaza, the war has killed more than 18,700 people, mostly women and children.
International law experts have said that both parties to the conflict will likely carry out human rights violations.
The judge also ruled that the government “was not obliged to reassess the permit granted in 2016 for the transport of F-35 parts” in light of the current conflict.
The plaintiffs “have not made it sufficiently clear what exactly the State is accused of and in what respect the State is acting unlawfully,” the court added.

 


Agonizing wait as Switzerland works to identify New Year’s fire victims

Updated 41 min 31 sec ago
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Agonizing wait as Switzerland works to identify New Year’s fire victims

  • Authorities begin moving bodies from burned-out bar in luxury ski resor Crans-Montana
  • At least 40 people were killed in one of Switzerland's worst tragedies

CRANS-MONTANA, Switzerland: Families endured an agonizing wait for news of their loved ones Friday as Swiss investigators rushed to identify victims of a ski resort fire at a New Year’s celebration that killed at least 40 people.
Authorities began moving bodies from the burned-out bar in the luxury ski resort town Crans-Montana late Friday morning, with the first silver-colored hearse rolling into the funeral center in nearby Sion shortly after 11:00 am (1000 GMT), AFP journalists saw.
Around 115 people were also injured in the fire, many of them critical condition.
As the scope of the tragedy — one of Switzerland’s worst — began to sink in, Crans-Montana appeared enveloped in a stunned silence.

Mathias Reynard, president of the Council of State of Valais Canton, with Italy's Foreign Minister Antonio Tajani outside "Le Constellation" bar in Crans-Montana where a fire and explosion on New Year's Eve killed more than 40 people. (Reuters)

“The atmosphere is heavy,” Dejan Bajic, a 56-year-old tourist from Geneva who has been coming to the resort since 1974, told AFP.
“It’s like a small village; everyone knows someone who knows someone who’s been affected,” he said.
It is not yet clear what set off the blaze at Le Constellation, a bar popular with young tourists, at around 1:30 am (0030 GMT) Thursday.
Bystanders described scenes of panic and chaos as people tried to break the windows to escape and others, covered in burns, poured into the street.

‘Screaming in pain’

Edmond Cocquyt, a Belgian tourist, told AFP he had seen “bodies lying here, ... covered with a white sheet,” and “young people, totally burned, who were still alive... Screaming in pain.”
The exact death toll was still being established.
And it could rise, with canton president Mathias Reynard telling the regional newspaper Wallizer Bote that at least 80 of the 115 injured were in critical condition.
Swiss authorities warned it could take days to identify everyone who perished, an agonizing wait for family and friends.
Condolences poured in from around the world, including from Pope Leo XIV, who offered “compassion and solidarity” to victims’ families.
Online, desperate appeals abound to find the missing.
“We’ve tried to reach our friends. We took loads of photos and posted them on Instagram, Facebook, all possible social networks to try to find them,” said Eleonore, 17. “But there’s nothing. No response.”

‘The apocalypse’

The exact number of people who were at the bar when it went up in flames remains unclear.
Le Constellation had a capacity of 300 people, plus another 40 people on its terrace, according to the Crans-Montana website.
Swiss President Guy Parmelin, who took office on Thursday, called the fire “a calamity of unprecedented, terrifying proportions” and announced that flags would be flown at half-mast for five days.
“We thought it was just a small fire — but when we got there, it was war,” Mathys, from the neighboring village of Chermignon-d’en-Bas, told AFP. “That’s the only word I can use to describe it: the apocalypse.”

Authorities have declined to speculate on what caused the tragedy, saying only that it was not an attack.
Several witness accounts, broadcast by various media, pointed to sparklers mounted on champagne bottles and held aloft by restaurant staff as part of a regular “show” for patrons.

‘Dramatic’

Pictures and videos shared on social media also showed sparklers on champagne bottles held into the air, as an orange glow began spreading across the ceiling.
One video showed the flames advancing quickly as revellers initially continued to dance.
One young man playfully attempted to extinguish the flames with a large white cloth, but the scene became panic-stricken as people scrambled and screamed in the dark against a backdrop of smoke and flames.
The canton’s chief prosecutor, Beatrice Pilloud, said investigators would examine whether the bar met safety standards.
Red and white caution tape, flowers and candles adorned the street outside, while police shielded the site with white screens.
Italian Foreign Minister Antonio Tajani, who said 13 Italians had been injured in the fire, and six remained missing, was among those to lay flowers at the site.
The French foreign ministry said nine French citizens figured among the injured, and eight others remained unaccounted for.
After emergency units at local hospitals filled, many of the injured were transported across Switzerland and beyond.
Patients are being treated in Italy, France and Germany, and Polish Prime Minister Donald Tusk said his country was ready to provide “specialized medical care to 14 injured.”
Multiple sources told AFP the bar owners were French nationals: a couple originally from Corsica who, according to a relative, are safe, but have been unreachable since the tragedy.