Britain’s(UK) 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 these parts could be used in breach of international humanitarian law in Gaza.
The court’s 72-page ruling emphasized that the issue at hand is not simply about the export of jet parts but rather whether the UK must withdraw from a specific multilateral defense collaboration due to the potential use of these components in serious violations of international humanitarian law.
The judges, Stephen Males and Karen Steyn, stated that “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.” This decision comes after Palestinian human rights organization Al-Haq took legal action against the UK’s Department for Business and Trade over its decision to exempt F-35 parts from suspended export licenses.
Al-Haq argued that the government’s decision was unlawful, as it “gives rise to a significant risk of facilitating crime.” However, the UK government contended that suspending the export of F-35 parts would disrupt a global program that supplies parts for the aircraft, potentially impacting international security and undermining US confidence in the UK and NATO.
Defence Secretary John Healey emphasized that suspending the exports would affect the “whole F-35 programme” and have a “profound impact on international peace and security.”
Despite the court’s ruling, Shawan Jabarin, the chief of Al-Haq, expressed determination to continue advocating for accountability. “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,” he said.
“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.”
The F-35 fighter jet is part of a global program where multiple nations contribute to its development and manufacturing. Britain makes about 15% of each F-35 jet, but these parts are not specifically manufactured for Israel. The UK government argued that halting the export of these parts could have a knock-on effect on the entire international program, impacting the supply chain and NATO allies, as well as Ukraine’s ability to defend itself against Russia’s invasion.
In September last year, the UK government suspended around 30 of 350 export licenses for items used during Israel’s war in Gaza, following a review of its compliance with international humanitarian law. However, the partial ban did not include British-made F-35 parts.
According to Oxfam International, which joined Al-Haq’s case against the Department for Business and Trade, military items have continued to be exported to Israel despite the suspension. Since the war began in October 2023, Israeli attacks have resulted in significant humanitarian crises in Gaza, with at least 56,500 people killed and 133,419 wounded.