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Judicial Review to Examine UK Government’s Arms Sales to Israel Amid Humanitarian Concerns

A high court judge has mandated an expedited judicial review regarding the UK government’s assertion that national security allows ministers to sell components for F-35 jets to Israel, despite acknowledged risks of misuse in violation of international humanitarian law.

This hearing is scheduled for May, coming almost seven months after the government made the controversial decision to exempt certain F-35 parts from the broader suspension of arms exports to Israel.

The exemption was put in place by ministers in September when the government halted arms export licenses for weapons that might be employed offensively by Israel in Gaza. Officials cited concerns over Israel’s potential breaches of international law, particularly relating to the treatment of Palestinian prisoners and the obstruction of aid into Gaza.

Internal communications disclosed in Mr. Justice Chamberlain’s ruling indicated that Defence Secretary John Healey persuaded Business Secretary Jonathan Reynolds that revoking the F-35 parts license could jeopardize not only the entire F-35 program but also NATO security overall.

Healey remarked, “A suspension of F-35 licensing would disrupt partner operations, even momentarily, profoundly impacting international peace and security.” He added that such actions could erode US confidence in the UK and NATO alliances during critical geopolitical times, potentially enabling adversaries to exploit perceived weaknesses.

The government has explicitly acknowledged in court that the UK-supplied F-35 parts may be employed in ways that violate international humanitarian law.

Evidence presented by Ministry of Defence officials regarding the F-35 program’s integration with NATO military efforts against Russia has been partly classified. Nonetheless, ministers have argued that the withdrawal of UK-specific components—critical to the F-35 global supply chain—would have immediate ramifications, particularly in the event of conflict with Russia, potentially leading to a drawn-out land campaign due to diminished air capabilities.

Moreover, ministers claim that the contractual obligations tied to the F-35 program require consensus from a Washington-based oversight board before any suspension of spare parts can occur.

David Lammy, the Foreign Secretary, has acknowledged to the court that “Israel’s actions in Gaza continue to lead to immense loss of civilian life, widespread destruction to civilian infrastructure, and immense suffering.”

UK government legal representatives have also contended that Israeli F-35s do not support the unlawful occupation of Palestinian territories nor facilitate unproven acts of genocide by Israel.

This legal challenge has been initiated by the Palestinian human rights organization Al-Haq, in collaboration with the Global Legal Action Network, and has garnered support from Oxfam, Amnesty International, and Human Rights Watch.

Back in September, the Labour government suspended approximately 30 licenses following a review of Israel’s adherence to international humanitarian law amidst ongoing conflict, contrasting with previous decisions by the Conservative government that had opted against such measures in late 2023 and early 2024.

Despite this review, certain licenses tied to F-35 jet components were exempted, and roughly 330 licenses remained active for items such as training and air defense equipment.

During a hearing in November, Al-Haq sought permission to contest the government’s decision to maintain licenses for F-35 components and questioned the prior Conservative government’s inaction on arms suspensions. Mr. Justice Chamberlain indicated that while he was not inclined to permit a challenge against historical Conservative decisions, he would allow an expedited review of the licensing exemption for F-35 parts to take place by the end of May.

Chamberlain emphasized the significant public interest in swiftly determining the legality of the F-35 carve-out decision, noting no arguments were made that ongoing ceasefires in Gaza rendered the case moot.

Shawan Jabarin, the General Director of Al-Haq, expressed his organization’s perspective stating, “Gaza is destroyed, it is unlivable. Palestinians in Gaza have been killed and erased by weapons whose components are supplied to Israel by the UK government, acting in full knowledge of the consequences.”

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www.theguardian.com