LONDON – A legal action led by the Palestinian human rights organization, Al-Haq, was dismissed on Monday regarding the British government’s decision to provide Israel with components for F-35 fighter jets and other military hardware. Al-Haq claimed that by supplying critical parts for these aircraft, the UK had breached both domestic and international laws and was complicit in alleged atrocities in Palestine.
The UK government expressed satisfaction with the court’s ruling, which underscored the country’s stringent export regulations while affirming the commitment to regular reviews of licensing agreements. Last year, the government had suspended approximately 30 out of 350 existing export licenses for equipment, which were suspected to be utilized in the Gaza conflict, due to concerns about their potential misuse in violating international humanitarian law. These items ranged from helicopter parts to drone components. However, an exception was made for licenses linked to F-35 fighter jet components, facilitated through a global supply chain to Israel, reputedly used in bombings of the Gaza Strip.
Al-Haq argued against the continuation of exporting parts through what they termed a “deliberate loophole,” particularly in light of the UK’s own assessment of Israel’s compliance with international humanitarian standards. Nevertheless, the government maintained that the components were part of an international collaboration involving the U.S. and six other nations in manufacturing the jets. The court noted that parts produced in the UK are transferred to assembly centers in the U.S., Italy, and Japan that ultimately supply the aircraft and their parts to partner countries, including Israel.
The High Court’s judges determined it to be a matter of national security, deeming the components essential for defense collaboration and the protection of UK and international security interests. They concluded that the courts were not the appropriate arena to decide whether the government should withdraw from multilateral defense arrangements, even if parts could potentially be used by Israel in contravention of international humanitarian laws. Justices Stephen Males and Karen Steyn emphasized in their detailed 72-page judgment that such politically sensitive issues are within the purview of the executive branch, which is accountable to Parliament and voters.
Despite its disappointment with the judgment, Al-Haq and its allies, including the UK-based Global Legal Action Network, Amnesty International, and Oxfam, acknowledged progress in persuading the UK government to suspend certain arms exports to Israel. They vowed to continue advocating for justice. Shawan Jabarin, Al-Haq’s general director, emphasized that this legal action amplified Palestinian voices and garnered broad public support, marking just the beginning of their campaign for justice.
In the realm of global arms trade, the UK accounts for a small percentage of weapon and component sales to Israel compared to major suppliers like the United States and Germany. The Campaign Against Arms Trade estimates that British firms supply around 15% of the components in the F-35 stealth combat aircraft, including the sophisticated laser targeting system, emphasizing the UK’s role in the broader international defense collaboration.