Palestinian human rights group Al-Haq loses High Court legal challenge against Government
By TOM COTTERILL
A Palestinian human rights group has lost a High Court challenge over the Government's move to continue to export military equipment to Israel, including parts for the F-35 stealth jet.
Al-Haq had taken legal action against the Department for Business and Trade over its decision to continue licensing exports of components for the multi-million pound fighter jets.
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 amid its bombing campaign in Gaza.
But an exemption was made for some licences related to parts for F-35s, with lawyers for Al-Haq telling the High Court in May that this 'carve-out' was unlawful and 'gives rise to a significant risk of facilitating crime'.
The Government defended the challenge - with High Court judges today ruling in its favour.
In a 72-page ruling on Monday, Lord Justice Males and Mrs Justice Steyn dismissed the legal challenge.
The senior judges said 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.
They added: 'The grave risk to life in the ongoing military operations in the Gaza Strip is not created by the F-35 carve-out, and would not be removed by suspension of the export from the UK of F-35 parts into the F-35 programme.'
Al-Haq has lost a High Court legal challenge against the Government over exports of military equipment to Israel , including parts for the F-35 stealth jet (file image)
Israel has been criticised for its heavy bombing campaign in Gaza as it seeks to destroy the Hamas terror group responsible for the October 7 atrocity (pictured is an explosion on May 15)
Human rights activists say the bombing campaign has killed thousands of Palestinians
At the hearing at the Royal Courts of Justice, Raza Husain KC, for Al-Haq, said the case came 'against the backdrop of human calamity' in Gaza, describing the war as a 'live-streamed genocide'.
In its claim to the High Court, Al-Haq said the 'carve out' was unlawful, alleging the government had misunderstood the applicable rules of international law - a claim denied by ministers.
The UK contributes components to an international defence programme that produces and maintains the F-35s - which are operated from the Royal Navy's two new aircraft carriers HMS Prince of Wales and HMS Queen Elizabeth.
Israel is not one of the 'partner nations' of the programme, the court heard, but is a customer and can order new F-35 aircraft and draw on a pool for spare parts.
Defence Secretary John Healey said a suspension would impact the 'whole F-35 programme' and have a 'profound impact on international peace and security'.
The two judges later said they agreed with barristers for the government, who said it was not possible for the UK to 'unilaterally' ensure that UK-made parts did not reach Israel.
Lord Justice Males and Mrs Justice Steyn said: ;In short, the Secretary of State reasonably concluded that there was no realistic possibility of persuading all other partner nations that F-35 exports to Israel should be suspended.'
'Accordingly he was faced with the blunt choice of accepting the F-35 carve-out or withdrawing from the F-35 Programme and accepting all the defence and diplomatic consequences which would ensue,' they added.
A home in Gaza city explodes on June 1 following an Israeli airstrike in the region
Britain owns its own group of F-35 stealth jets, which operate exclusively from the Royal Navy's two Queen Elizabeth-class aircraft carriers (pictured are the UK jets on HMS Prince of Wales as it sailed into Singapore last week)
Al-Haq, which is supported by Amnesty International, Human Rights Watch, Oxfam and others in its case, had sought a court order to stop the supply of UK-made parts for the US-designed warplanes.
Lawyers for Al-Haq said the Government had known there was a 'clear risk' Israel would use the jet parts to commit violations of international law.
But Government lawyer James Eadie said the UK's trade department had acted lawfully.
He added the court was not placed to rule on the legality of Israel's actions, and that attempting to do so could have a 'potentially deleterious' effect on 'foreign relations with a friendly state, namely Israel'.
Following the High Court ruling dismissing a legal challenge brought by Al-Haq against the Government over the exports of military equipment to Israel, Sacha Deshmukh, chief executive of Amnesty International UK, said: 'We are disappointed by today's ruling, but the court has been clear that while it does not have the authority to make a judgment on UK exports of F-35 arms parts, this does not absolve the executive and Parliament from their responsibilities to act.
'The UK has a legal obligation to help prevent and punish genocide, and yet it continues to authorise the export of weapons to Israel despite the clear risks that these weapons will be used to commit genocide.
'The horrifying reality in Gaza is unfolding in full view of the world: entire families obliterated, civilians killed in so-called safe zones, hospitals reduced to rubble and a population driven into starvation by a cruel blockade and forced displacement.
'These are not isolated tragedies; they are part of a systematic assault on a besieged population.'
Campaigners have voiced their 'disappointment' at the High Court ruling (pictured is a scene from Gaza on June 1 as the area was bombed by Israel during an airstrike)
An injured Palestinian boy is treated at a hospital in Gaza City after an Israeli airstrike on June 27
Sacha Deshmukh, chief executive of Amnesty International UK, continued: 'This judgment does not change the facts on the ground, nor does it absolve the UK Government of its responsibilities under international law.
'The risk that UK arms may be used to facilitate serious international crimes remains alarmingly high.
'If the courts will not intervene, then the moral and legal burden on the Government and Parliament to act, before more lives are lost and further irreparable harm is done, is even greater.
'The UK must end all arms transfers to Israel if we are serious as a country about our commitments to international law and human rights.'
Also responding to the move was Kathleen Spencer Chapman, director of influencing and external affairs at children's charity Plan International UK. She said: 'British-manufactured parts continue to play an integral role in Israel's attacks against Gaza's hospitals and refugee camps in the most flagrant violations of international humanitarian law.
'Despite the High Court's ruling, the UK Government's complicity in Israel's war crimes and killing of Palestinian civilians, including children, is shamefully clear.
'We know from working with local partners that the situation for children in Gaza is now at its most desperate: they are starving, sick and utterly traumatised, enduring horrors beyond all comprehension.
'The UK Government must immediately stop selling fighter jet parts to Israel and hold the Government of Israel accountable for its blatant disregard of international humanitarian law.
The F-35 stealth jets are built as part of an international agreement (one of Britain's variants of the jets is seen on Royal Navy aircraft carrier HMS Prince of Wales)
None of Britain's F-35s have been involved in supporting the Israeli airstrikes in Gaza
'Israel's illegal and lethal blockade of humanitarian aid must also be lifted without delay, before thousands more starve to death.
'No child should ever have to live through such tragedy.'
In September 2024, the new Labour government announced it was suspending around 30 of 350 export licences following a review of Israel's compliance with international humanitarian law.
But the partial ban did not cover British-made F-35 parts, which include refuelling probes, laser targeting systems, tyres and ejector seats, according to Oxfam.
Healey has previously said suspending F-35 licences would 'undermine US confidence in the UK and NATO' but lawyers for Al-Haq have described the exemption as a 'loophole'.
UK-based NGO Campaign Against Arms Trade has said that licensing figures showed the government had made a 'shocking increase in military exports to Israel' in the months after its September 2024 announcement of partial suspensions.
It said the figures showed the UK approved £127.6 million ($170 million) in military equipment to Israel in single-issue licences from October to December 2024, saying this was more than for the period from 2020 to 2023 combined.
Most of the licences were for military radars, components and software, as well as targeting equipment, according to the NGO, which was involved in the case against the government.
Defence Secretary John Healey (pictured) said a suspension would impact the 'whole F-35 programme' and have a 'profound impact on international peace and security'.
Following the High Court decision, a Government spokesman said: 'The court has upheld this Government's thorough and lawful decision-making on this matter.
'This shows that the UK operates one of the most robust export control regimes in the world. We will continue to keep our defence export licensing under careful and continual review.
'On day one of this Government, the Foreign Secretary ordered a review into Israel's compliance with international humanitarian law (IHL).
'The review concluded that there was a clear risk that UK exports for the IDF (Israel Defence Forces) in the Gaza conflict might be used to commit or facilitate serious violations of IHL.
'In contrast to the last government, we took decisive action, stopping exports to the Israeli Defence Forces that might be used to commit or facilitate serious violations of international humanitarian law in Gaza.
'This Government has worked to secure an immediate ceasefire in Gaza, the release of all hostages, a surge of aid into Gaza and opening a path to long-term peace for Palestinians and Israelis.'
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