The decision by the UK government to supply Israel with components for F-35 fighter jets and additional military equipment was deemed legal, even with the knowledge that these could support the nation’s actions in Gaza, as ruled by London’s High Court on Monday.
Al-Haq, a human rights organization advocating for Palestinians in the West Bank, charged the British government with breaching both domestic and international regulations by exempting F-35 parts while pausing certain arms export licenses last year.
During that period, the government halted approximately 30 out of 350 export licenses related to equipment, including helicopter and drone parts, due to concerns that their deployment in the Gaza conflict posed a “clear risk” of contravening international humanitarian laws.
An exemption, though, was made for some licenses related to components of F-35 fighter jets.
Al-Haq was quick to take legal action over what they claimed was a “deliberate loophole” — arguing the UK shouldn’t keep exporting parts given the government’s own assessment of Israel’s compliance with international humanitarian law.
The government noted the components manufactured in the UK were sent to assembly lines in the US, Italy and Japan that supply partners — including Israel — with jets and spare parts.
In dismissing the group’s challenge, High Court Judges Stephen Males and Karen Steyn ruled that the issue was one of national security because the parts were considered vital to that defense collaboration with the other countries.
They added it wasn’t up to the court to tell the government to withdraw from the group just because of the possibility the parts would be handed over to Israel and possibly used to violate international humanitarian law.
“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,” the judges wrote in the hefty 72-page judgment.
The government said the ruling showed it had some of the most rigorous export rules in the world.
“We will continue to keep our defense export licensing under careful and continual review,” a spokesperson said.
Al-Haq, meanwhile, said it was disappointed with the ruling but stopped short of saying whether it would seek permission to appeal.
“Despite the outcome of today, this case has centered the voice of the Palestinian people and has rallied significant public support, and it is just the start,” Shawan Jabarin, general director of Al-Haq, said in a statement.
“We continue on all fronts in our work to defend our collective human values and work towards achieving justice for the Palestinians.”
With Post wires
