The Netherlands’ arms export control framework: law and policy

Although international rules and commitments increasingly influence arms exports, the matter is still considered a national prerogative due to its close connection with national security. Consequently, national laws and policies on arms export control differ among states, including member states of the EU. In the Netherlands, the Strategic Goods Decree is the cornerstone of Dutch arms export control legislation, which prohibits the transit through and the export and transfer of military goods from the Netherlands without authorization. Several general authorizations facilitate the shipment of military goods, inter alia, between NATO and EU member states, as well as states involved in the F-35 programme. In line with the Dutch system of ministerial accountability, the government reports all arms transfers to parliament and annually informs parliament about its arms export policy. This policy and related decisions are subject to parliamentary scrutiny, with discussions between the responsible ministers and parliament, occasionally in closed sessions when necessary. Recently, civil society groups have challenged specific arms export-related decisions before the civil court based on a general class action provision in the Dutch Civil Code. A case in point is a summary proceeding initiated shortly after Israel’s military response to the Hamas attack on October 2023. In this proceeding, three Dutch civil society groups asked the court to halt all exports and transfers of F-35 spare parts from a warehouse located in the Netherlands to Israel.