Britain’s High Court has ruled that the government’s decision to allow the export of Lockheed Martin F-35 jet parts to Israel is lawful despite accepting that they could be used in breach of international humanitarian law.
In a 72-page ruling on Monday, Judges Stephen Males and Karen Steyn said the case was about a “much more focused issue” than just the jet parts.
“That issue is whether it is open to the court to rule that the UK must withdraw from a specific multilateral defence collaboration … because of the prospect that some UK-manufactured components will or may ultimately be supplied to Israel, and may be used in the commission of a serious violation of international humanitarian law in the conflict in Gaza,” the ruling said.
“Under our constitution, that acutely sensitive and political issue is a matter for the executive, which is democratically accountable to Parliament and ultimately to the electorate, not for the courts,” it added.
Currently, the United Kingdom contributes components for F-35s to an international defence programme that produces the bombers.
But Palestinian human rights organisation Al-Haq, based in the occupied West Bank, took legal action in January against the UK’s Department for Business and Trade (DBT) over its decision to exempt the parts when it suspended some export licences in September last year.
Mourners react during the funeral of Palestinians killed in an Israeli air raid on a school in Gaza City [File: Mahmoud Issa/Reuters]
During a hearing in May, Al-Haq said the government’s decision to send the jet parts was unlawful as it “gives rise to a significant risk of facilitating crime”.
The same month, Defence Secretary John Healey said suspending it would affect the “whole F-35 programme” and have a “profound impact on international peace and security”.
After Monday’s ruling, Shawan Jabarin, the chief of Al-Haq, said, “Despite the outcome of today, this case has centred the voice of the Palestinian people and has rallied significant public support, and it is just the start.”
“By exposing serious government failings in facilitating international crimes against Palestinians through its arms exports, civil society and human rights organisations have achieved a crucial breakthrough, and we will continue to persevere in the UK and beyond until governments are held accountable, Israel’s impunity is challenged and justice for the Palestinian people is realised,” he added.
‘Knock on effect’
Reporting from London, Al Jazeera’s Milena Veselinovic said the building of an F-35 fighter jet is part of a “global programme” where many nations build different parts, and they are all manufactured in different countries.
“Britain makes about 15 percent of each F-35 jet, however, it doesn’t make those parts specifically for Israel,” Veselinovic explained.
“So, what the UK was arguing is that if they stop those parts from being exported that could have a knock on effect on the entire international programme, it would impact the supply chain, it would impact on their NATO allies, even on the ability, they said, for Ukraine to defend itself from Russia’s invasion,” she said.
However, Al-Haq has argued that by building the parts for the global pool, the UK was in breach of international law, including the Geneva Convention, due to the use of the weapons in Gaza.
“But the High Court sided with the government rejecting that and did accept the UK’s argument that this was a strategic objective despite acknowledging that it could mean that the UK is also in breach of international law,” Veselinovic added.
Export licences
In September last year, Foreign Secretary David Lammy announced that the government was suspending about 30 of 350 export licences of items used during Israel’s war in Gaza after a review of its compliance with international humanitarian law.
However, according to global advocacy organisation Oxfam International, which joined Al-Haq’s case against the DBT, the partial ban did not include British-made F-35 parts, including refuelling probes, laser targeting systems, tyres and ejector seats.
Moreover, a report by pro-Palestine activist groups found in May that despite the suspension, military items have continued to be exported to Israel.
Since the war began in October 2023, Israeli attacks have killed at least 56,500 people and wounded 133,419 others.
