Palestinian human rights organisation Al-Haq has said it is seeking to appeal against a High Court ruling that found the Government’s export of fighter jet parts that can be used by Israel amid the conflict in Gaza is lawful.
Al-Haq took legal action against the Department for Business and Trade (DBT) over its decision to continue licensing exports of components for F-35 fighter jets, claiming it was unlawful and “gives rise to a significant risk of facilitating crime”.
In September last year, the Government suspended export licences for weapons and military equipment following a review of Israel’s compliance with international humanitarian law in the conflict.
But an exemption was made for some licences related to parts for F-35s, which are part of an international defence programme.
In a ruling in June, Lord Justice Males and Mrs Justice Steyn dismissed the challenge, finding that “the conduct of international relations” is a matter for the executive, rather than the courts, and that it would be unnecessary to decide whether there was a “significant risk” that the carve-out could facilitate crimes.
On Thursday, Al-Haq and the Global Legal Action Network (GLAN) said that they were seeking to appeal against the ruling at the Court of Appeal, with a hearing to decide whether they can proceed with the latest challenge due to be held on October 9.
Shawan Jabarin, director of Al-Haq, said: “Israel is blatantly and openly starving, killing and forcibly displacing Palestinians in Gaza, in conditions it has manufactured to be unfit for human survival.
“If the UK courts are unwilling to hold the Government accountable for arming Israel during the deadliest phase of its genocide to date, who will?
“The United Kingdom is bound by both domestic and international law, including the Genocide Convention, not to provide arms where there is a clear risk they could contribute to serious breaches of international humanitarian law or enable genocide.
“The court’s findings set a dangerous precedent and risk undermining the legal mechanisms designed to ensure government accountability.
“We must appeal to stop states arming the genocide, for justice for the Palestinian people.”
F-35 jets are part of an international defence programme which produces and maintains the fighter jets, with the UK contributing components for both assembly lines and an international pool.
The High Court previously heard that Israel is not one of the “partner nations” of the programme, but is a customer and can order new F-35 aircraft and draw on a pool for spare parts.
The court was also told that the decision to “carve out” licences related to F-35 components followed advice from Defence Secretary John Healey, who said a suspension would impact the “whole F-35 programme” and have a “profound impact on international peace and security”.
Lord Justice Males and Mrs Justice Steyn said in June that they agreed with barristers for the DBT, which opposed the legal challenge, who said it was not possible for the UK to “unilaterally” ensure that UK-made parts did not reach Israel.
On Thursday, Al-Haq and GLAN said that they sought to challenge the ruling on three grounds, including that the High Court “erred” in finding that the carve-out complied with UK law.
It also said that the High Court was wrong to find that it could not decide whether the carve-out complied with international law, which GLAN said created a “glaring gap in accountability”.
Gearoid O Cuinn, director of GLAN, said: “We are proud to be supporting Al-Haq in their appeal.
“The UK Government’s arming of Israel as it violates international law daily, before our eyes, cannot go unchallenged.
“The hearing on whether our appeal can proceed will be held in October, but Palestinians cannot wait a moment longer, the leaders of Israel have openly stated their intent to erase them from their land.
“The UK Government is hiding behind the global F-35 parts pool, putting contracts with US weapons manufacturers ahead of fundamental obligations under international law to keep arming Israel. This must end.
“Tracing British parts, to stop them reaching Israel, is possible, and it must be done urgently.”
