ECLI:NL:PHR:2024:1424, Parket bij de Hoge Raad, 29-11-2024, 24/01340 (Engels) — PHR:2024:1424

Samenvatting

Preliminary relief proceedings. Public international law. Tort law. Prohibition order against Dutch State for exporting and transferring F-35 parts to Israel. Discretionary power of the State in the field of foreign policy and defence; obligation to reassess the granted licence under EU Common Position (2008/944/CFSP), Arms Trade Treaty and Geneva Conventions?; ground for refusal of licence on the basis of ‘clear risk’ of serious violation of international humanitarian law; obligation to reassess under the Dutch Strategic Equipment Decree 2008 and the General Licence Regulation GL2009?; treaty-compliant interpretation. Disclaimer: The translation of this advisory opinion is solely intended to provide information. The text of the translation is an unofficial translation. The Dutch text of the advisory opinion is the only authentic and formal text.