Denmark reconsiders legal framework for F-35 spare parts stock after shipment to Israel. The Ministry of Defence in Denmark will reevaluate the legal framework for the F-35 spare parts stock that sent a spare part to Israel on American orders. This comes in light of the conflict between Israel and Hamas, which has increased scrutiny on the export of F-35 components.
Denmark has an F-35 spare parts stock at Skrydstrup Air Base, where the components are formally owned by the American government until they are installed in a country’s F-35 aircraft. This stock is part of Denmark’s transition from F-16 to F-35 fighter jets. In March 2024, Denmark received a request from the USA to send a spare part to Israel. At that time, the Ministry of Defence assessed that this action was in compliance with current export control regulations.
However, now the ministry, in collaboration with the Ministry of Justice and the Ministry of Foreign Affairs, will reconsider these frameworks due to current developments. A ruling from the International Court of Justice in February 2024, where the Netherlands was found guilty of violating obligations under the UN Arms Trade Treaty by sending F-35 parts to Israel, has played a role in this decision. The ruling was due to concerns that the spare parts could be used for serious human rights violations. The Netherlands has appealed the ruling to its Supreme Court.
In Denmark, lawsuits have also been filed against Danish authorities with similar accusations. For example, Amnesty Denmark and three other organizations have sued the Danish authorities. Troels Lund Poulsen, Minister of Defence, concludes in his briefing that it is not an option for Denmark to leave the F-35 program. He emphasizes that Denmark’s participation in the program is crucial for the country’s security and relationships with allies.
Denmark is therefore facing a complex legal assessment in light of the new international and national challenges affecting the country’s military cooperation and export control policy.