Global Press Release
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Over 230 global civil society organisations have called on governments producing F-35 fighter jets to immediately halt all arms transfers to Israel, including the F-35 jets.
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The F-35 jet programme partners include Australia, Canada, Denmark, Italy, the Netherlands, Norway, UK and US (lead partner).
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Civil society organisations around the world have taken legal action to hold their governments accountable for the F-35 programme, and complicity in Israel’s crimes in Gaza.
Israel has used F-35 jets in its bombardment of Palestinians in Gaza. An F-35 was used in July 2024 to drop three 2,000 lb bombs in an attack on a so-called “safe zone” on Al-Mawasi in Khan Younis, killing 90 Palestinians.
Despite all partners to the F-35 programme having legal obligations to halt arms exports to Israel, governments continue to allow the transfer of F-35 parts to Israel. Incoherent positions have been put forward by governments including stating that arms licences to Israel have been suspended while allowing transfers under existing licences or supplying “indirectly” via the US or other F-35 partners.
A global movement of legal cases taken by civil society has grown across countries in the F-35 programme, seeking to hold their government accountable for the transfer of F-35 jets and components to Israel. These include Australia, Canada, Denmark, the Netherlands, and the UK.
The organisations, while welcoming the limited temporary ceasefire, say that the past 15 months have illustrated with devastating clarity that Israel is not committed to complying with international law. It is therefore inexcusable for our governments to continue to provide arms transfers to Israel, potentially implicating themselves in war crimes and crimes against humanity.
In December 2024, Amnesty International’s investigation concluded that Israel has committed and is committing genocide against Palestinians in Gaza, and Human Rights Watch reported that ‘Israeli authorities are responsible for the crime against humanity of extermination and for acts of genocide’.
Full letter text below.
Shawan Jabarin, General-Director of Al-Haq:
“Israeli airstrikes, including the use of 2,000-pound bombs dropped from F-35 fighter jets, have devastated Gaza, repeatedly targeting densely populated areas, alleged “safe zones”, and even shelters for displaced Palestinians, during Israel’s ongoing genocidal onslaught. The overwhelming evidence of Israel’s grave violations of international law makes the F-35 partner nations—all of which are signatories to the Geneva Conventions, with the majority also having ratified the Arms Trade Treaty—complicit in these actions.”
F-35 partner nations, including the Netherlands and the United Kingdom, have assessed Israel’s use of these jets and concluded that the risk of violations of International Humanitarian Law is significant enough to halt direct sales of key components. However, components continue to reach Israel indirectly, highlighting the urgent need for the entire F-35 programme to be brought into compliance with international law.”
As Israel carries out its genocidal practices across the occupied Palestinian territory, with Palestinians in the West Bank subject to an ongoing, violent military onslaught and Gaza’s population still being attacked and denied essential aid despite a ceasefire, it is imperative that states uphold their binding duties under international law. They must collectively ensure that F-35 jets and components no longer reach Israel, halting further complicity in these international crimes.”
Gearóid Ó Cuinn, Director of GLAN (Global Legal Action Network) which is supporting Al-Haq’s arms exports challenge in the UK said:
“This May the UK High Court will consider the controversial exemption for F-35 war plane part exports. The UK Government’s position is that Israel can commit whatever depraved atrocity it pleases in Palestine, and nothing will stop the supply of British war plane components. In taking this indefensible position the UK Government has shamelessly put US interests and arms contracts above its own international legal obligations.”
Yasmine Ahmed, UK Director of Human Rights Watch:
“It is unconscionable that the UK government continues to supply weapons that end up going to the Israeli government, especially for the F35 which has played a pivotal role in Israel’s brutal bombing campaign.
“The government must close the loopholes and end its legal gymnastics- failure to do so displays either a misunderstanding of the government’s legal obligations or a wilful disregard for them.”
Rolien Sasse, Executive Director at Dutch peace organisation PAX:
“In line with the ground-breaking court’s decision that the Dutch government must stop all F-35 related transfers to Israel, all counties must now stop their complicity in fuelling Israeli atrocities against Palestinians”, said Rolien Sasse.
Vibe Klarup, Secretary General of Amnesty International Denmark said:
“Our field workers and regional office have documented several Israeli bombings in Gaza that do not distinguish between civilian and military targets and wipe out entire families. The attacks are disproportionate and in violation of the rules of war. Denmark must in no way contribute to making these illegal attacks on civilians possible. Therefore, we now want the court to assess whether Denmark fulfils its obligations. The lawsuit in Denmark filed by four civil society organisations against the state for its continued arms export to Israel will begin on 25th February 2025.”
Henry Off, Board Member and Lawyer at Canadian Lawyers for International Human Rights (CLAIHR):
“In clear violation of its legal obligations, Canada continues to maintain its regulatory loopholes that allow components and parts to reach Israel’s F-35s indirectly through the United States. Whether sent directly or indirectly, these parts fuel Israel’s violations of international law in Occupied Palestine. The F-35 is a symbol of death and destruction. All F-35 programme partners must be held accountable and prevented from contributing to it.”
John Ramming Chappelle, US Advocacy & Legal Advisor for Center for Civilians in Conflict (CIVIC) said:
“Military aircraft have enabled a bombing campaign in Gaza that has made the area uninhabitable for Palestinian civilians. Warplanes manufactured and sustained by North American and European governments have facilitated the destruction that civilians have endured for more than a year. All governments involved in the production of F-35s must ensure that they are not contributing to devastating civilian harm and war crimes.”
“Australian manufactured parts and components are being used on F-35 fighter jets, including parts and components manufactured by Australian “sole-source providers”. This raises grave concerns that Australian manufactured parts and components are involved in the atrocities we have seen unfold in Gaza over the last 16 months.
“The F-35 jet programme is emblematic of the West’s complicity in Israel’s crimes against Palestinians. These jets were instrumental in Israel’s 466 day bombardment of Gaza, in crimes that include war crimes, crimes against humanity, and genocide. Since the limited ceasefire the US government, and lead partner to the F-35 programme, has threatened Gaza with mass ethnic cleansing and forced displacement. This programme gives material and political consent from all Western partners, including the UK, for these crimes to continue.”
We write to you as a group of organisations from partner countries to the global F-35 jet programme, and supportive organisations, calling on our Governments to immediately halt all arms transfers to Israel, directly and indirectly, including F-35 fighter jets, components, and spare parts thereof.
Legal obligations and developments
All partners to the F-35 programme are States Parties to the Arms Trade Treaty (ATT), with the exception of the United States, which is a signatory. State Parties to the ATT are required to prevent both direct and indirect transfers of military equipment and technology, including parts and components, where there is an overriding risk that such equipment and technology could be used to commit or facilitate a serious violation of international humanitarian law (IHL) or international human rights law.
These and other binding obligations are contained within Articles 6 and 7 of the ATT. States are also bound by the obligation to ensure respect for IHL under Common Article 1 to the Geneva Convention and customary IHL, which requires states “to refrain from transferring weapons if there is an expectation, based on facts or knowledge of past patterns, that such weapons would be used to violate the Conventions”.
Across the jurisdictions of F-35 partner countries legal and political interventions have sought to enforce governments’ national and international legal obligations to halt arms exports to Israel, including parts for the F-35 jets. Legal cases have been undertaken in Australia, Canada, Denmark, the Netherlands, the UK, and the US.
The failure by all F-35 partner nations to apply their domestic, regional or international legal obligations by halting the supply of F-35 parts and components to Israel has led to devastating and irreparable harm to Palestinians in Gaza. This failure indicates that partner nations are effectively either unable or unwilling to implement their purported arms export control regimes, or that they chose to apply the law selectively, excluding Palestinians from its protection. We call on all F-35 partners to do everything in their power to bring the F-35 programme in line with their legal obligations and immediately halt the direct and indirect transfer of F-35 parts and components to Israel.
Signatories
Australia (F-35 Programme Partner)
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Amnesty International Australia
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AusRelief
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Australian Centre for International Justice
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Australia Palestine Advocacy Network (APAN)
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Australian Social Workers for Palestine
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Canberra Palestine and Climate Justice
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Central West New South Wales for Palestine & We Vote for Palestine
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Coalition for Justice and Peace in Palestine
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Disrupt Wars
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Free Gaza Australia
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Free Palestine Melbourne
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Independent and Peaceful Australia Network (IPAN)
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Independent & Peaceful Australia Network (IPAN) Geelong & Vic Southwest
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Inner West for Palestine
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Institute of non-violence
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Jewish Council of Australia
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Jews Against the Occupation ’48
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Just Peace
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Knitting Nannas, Central Coast and Midcoast
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Medical Association for Prevention of War
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Mums for Palestine
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Neptune’s Pirates
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No Weapons for Genocide
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Northern Rivers Friends of Palestine
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Palestine Action Group Muloobinba
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Palestine Network Shining Waters Region (PalNet SW), The United Church of Canada
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People’s Climate Assembly
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Rising Tide
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Settlement Services Australia
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Social and Ecological Justice Commission (United Church of Canada)
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Sydney Peace Foundation
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Quakers Australia
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Wage Peace
Austria
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Yante – Youth, Art, and Levante
Belgium
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Al-Haq Europe
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Vredesactie
Canada (F-35 Programme Partner)
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Al Huda Institute Canada
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Amnesty International Canadian Section
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Arab Left Forum
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Bathurst Street United Church
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The Canadian BDS Coalition & International BDS Allies
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Canadian Foreign Policy Institute
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Canadian Lawyers for International Human Rights
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Canadian Muslim Healthcare Network
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Canadians for Justice and Peace in the Middle East
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Canadians for Justice and Peace in the Middle East Saskatoon Chapter (CJPME Sask chapter)
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Collectif de Québec pour la paix / Quebec City Collective for Peace
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Health Workers Alliance for Palestine
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Independent Jewish Voices Canada
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IslamicFamily
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Just Peace Advocates/Mouvement Pour Une Paix Juste
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Justice For All Canada
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Labour Against the Arms Trade
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Manitoba Healthcare Workers for Palestine
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Mennonite Church Manitoba Palestine Israel Network
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Ontario Palestinian Rights Association (OPRA)
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Oxfam-Québec
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Palestinian and Jewish Unity (PAJU)
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Project of Heart
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Project Ploughshares
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Solidarité Sherbrooke-Gaza
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RightonCanada
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United Network for Justice and Peace in Palestine and Israel (UNJPPI)
Denmark (F-35 Programme Partner)
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ActionAid Denmark
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Amnesty International Danmark
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Oxfam Denmark
France
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Amnesty International France
Italy (F-35 Programme Partner)
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Rete Italiana Pace e Disarmo
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Accademia Apuana della Pace
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Amnesty Internationl Italia
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ARCI-Italy
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Ass. Adl Zavidovici
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Associazione Percorsi di pace
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Associazioni Cristiane Lavoratori Italiani aps
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AssoPacePalestina
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Beati i costruttori di pace (Blessed Are the Peacemakers)
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Center for Research and Elaboration on Democracy (CRED)
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Centro Studi Sereno Regis
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CIPAX Centro interconfessionale per la pace
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Coordinamento Nazionale Comunità Accoglienti (CNCA)
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COSPE NGO
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Diritto Diretto
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Emmaus Italia
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Fondazione Finanza Etica
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Istituto di Ricerche Internazionali Archivio Disarmo
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MIR (Movimento internazionale della Riconciliazione)
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Movimento Nonviolento
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Scuola di Pace del Comune di Senigallia
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Un Ponte Per
India
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Gig Worker Association
Iraq
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Al-Taqwa Association for Women and Children’s Rights
Ireland
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Anti Racism World Cup
Jamaica
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Kingston and St Andrew Action Forum
Jordan
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Campaign Against Gaza Genocide
Lebanon
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Al-Jana Center
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KAFA (enough) Violence & Exploitation
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Permanent Peace Movement
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WILPF Lebanon
Morocco
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Association Mains Libres
México
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Centro de Estudios Ecuménicos
Nepal
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Path
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Women for Peace and Democracy Nepal (WPD Nepal)
The Netherlands (F-35 Programme Partner)
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Amnesty International Netherlands
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Feminists of Maastricht
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Oxfam Novib
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PAX
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The Rights Forum
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Stop Wapenhandel
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Transnational Institute
Norway (F-35 Programme Partner)
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Amnesty International Norway
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The Association of Norwegian NGOs for Palestine
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Changemaker
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Fagforbundet – Norwegian Union of Municipal and General Employees
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Jødiske Stemmer for Rettferdig Fred (Jewish Voices. – Norway)
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NTL OsloMet Metropolitan University (trade union)
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The Palestine Committee of Norway
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Palestinas Venner OsloMert
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Sosialistisk Venstreparti
Palestine
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Al-Haq
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Al Mezan Center for Human Rights
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International Committee to Support the Rights of the Palestinian People
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The Palestinian Initiative for the Promotion of Global Dialogue and Democracy-MIFTAH
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Palestinian Working Woman Society for Development PWWSD
Switzerland
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Control Arms
Sri Lanka
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Forum on Disarmament and Development
Turkiye
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Worldwide Lawyers Association
United Kingdom (F-35 Programme Partner)
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ActionAid UK
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Action For Humanity
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Action on Armed Violence
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Amnesty International UK
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Anglican Pacifist Fellowship
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Bahrain Institute for Rights and Democracy (BIRD)
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Bank Better
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Boycott Bloody Insurance
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British Arab Nursing and Midwifery Association
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British Palestinian Committee
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Cambridge Branch – Communist Party of Britain
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Cambridge Stop the War Coalition
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Cambridgeshire Keep Our NHS Public
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Campaign Against Arms Trade
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Campaign against Misrepresentation in Public Affairs, Information and the News (CAMPAIN)
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Campaign for Nuclear Disarmament
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Coal Action Network
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Common Wealth
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Conflict and Environment Observatory
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Council for Arab-British Understanding
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Cuba Solidarity Campaign
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Embrace the Middle East
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FairSquare
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ForcesWatch
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Gaza Genocide Emergency Committee (Glasgow)
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Glasgow Palestine Human Rights Campaign
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Global Justice Now
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Global Legal Action Network
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Health Workers 4 Palestine
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Independent Catholic News
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International Centre for Justice for Palestinians
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International Solidarity Movement Scotland
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The Iona Community
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Jewish Network for Palestine
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Merseyside Pax Christi
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National Justice and Peace Network, England and Wales
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Omega Research Foundation
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Palestine Action
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Palestine House
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Palestine Solidarity Campaign
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Pax Christi England and Wales
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The Peace and Justice Project
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Richmond & Kingston Palestine Solidarity Campaign
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Sabeel-Kairos UK
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Saferworld
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Scientists for Global Responsibility (SGR)
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Scotland Against Criminalising Communities
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Shadow World Investigations
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Thanet 4 Palestine
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Tipping Point UK
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War on Want
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United Tech and Allied Workers
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Women in Black Edinburgh
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Women in Black London
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Workers for a Free Palestine
United States (F-35 Programme Lead Partner)
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Action Corps
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American Friends Service Committee
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Amnesty International USA
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Art Forces
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Association for Investment in Popular Action Committees
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Austin For Palestine Coalition
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Center for Civilians in Conflict (CIVIC)
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Center for Constitutional Rights
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Doctors Against Genocide
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Episcopal Peace Fellowship Palestine Israel Network
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Fellowship of Reconciliation
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Friends of Sabeel North America (FOSNA)
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Global Centre for the Responsibility to Protect (GCR2P)
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Global Ministries of the Christian Church (Disciples of Christ) and United Church of Christ
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Green Mountain Solidarity With Palestine
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Green Mountain Veterans For Peace
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Honor the Earth
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Indiana Center for Middle East Peace
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KinderUSA
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Madison-Rafah Sister City Project
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The Middle East Children’s Alliance for Peace
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National Lawyers Guild- Palestine Sub Committee
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New Mexico Jews for a Free Palestine
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A New Policy
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Nonviolence International
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Palestine Justice Network of the Presbyterian Church (U.S.A.)
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Palestinian Youth Movement
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Peace Action
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People’s Arms Embargo
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RepresentUS New Mexico
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Safe Skies Clean Water Wisconsin
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Santa Fe Democratic Socialists of America
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Security in Context
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Showing Up for Racial Justice (SURJ) Northern New Mexico chapter
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Tech Justice Law Project
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USA Palestine Mental Health Network
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Vermont and New Hampshire Chapter of the National Lawyers Guild
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Will Miller Social Justice Lecture Series
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WESPAC Foundation, Inc.
International
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Al-Haq Europe
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Cairo Institute for Human Rights Studies
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Center for Civilians in Conflict (CIVIC)
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Emergent Justice Collective
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Human Rights Watch
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International Coalition to Stop Genocide in Palestine
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Oxfam International
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Pax Christi International
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United Methodists for Kairos Response (UMKR)
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War Resisters’ International
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Women’s International League for Peace and Freedom
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World BEYOND War
ENDS
Fact Sheet
Legal Contexts
All F-35 partners have additional legislation reinforcing their international obligations at either national or European level.
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Australia’s export control regime is regulated by the Defence Export Control Act 2012, with regard to mandatory criteria found in Defence Export Control Regulations 2013 regulation 8 (and complementary Customs Regulations). This includes consideration of the risk that the goods being licensed, “may be used to commit or facilitate serious abuses of human rights” or “may go to or become available to a country where it may be used in a way contrary to Australia’s international obligations or commitments” amongst a number of other relevant criteria.
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Arms export controls in Canada are regulated at the national level under the Export and Import Permits Act (EIPA). Section 7.3(1) states that the Minister of Foreign Affairs is required to review all permits and determine whether the equipment specified could be used to “commit or facilitate a serious violation of international humanitarian law”, among other criteria. Under Section 7.4, if there is a substantial risk that any transfers would lead to these negative consequences, and such risks cannot be mitigated, the export must be denied.
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Partners in the EU, namely Denmark, Italy, and the Netherlands are regulated by the EU Common Position on Arms Export Controls, including Criterion 2 c), which states that member States shall: “deny an export licence if there is a clear risk that the military technology or equipment to be exported might be used in the commission of serious violations of international humanitarian law.”
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Norway: Norwegian law asserts that the sale of weapons to countries in wars that violate the rules of jus ad bellum is prohibited.
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The UK is subject to the Strategic Export Licensing Criteria, including Criterion 2 c): “Having assessed the recipient country’s attitude towards relevant principles established by instruments of international humanitarian law, the Government will:
c) Not grant a licence if it determines there is a clear risk that the items might be used to commit or facilitate a serious violation of international humanitarian law.”
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The US: Arms transfers to the Israeli government are contrary to US law, which for example, prohibits the transfer of military aid to governments that restrict the delivery of US humanitarian assistance.
Legal Cases: F-35 programme partner countries
Australia
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In Australia a group of Palestinian human rights organisations, Al Haq, Al Mezan Center for Human Rights and the Palestinian Centre for Human Rights, represented by the Australian Centre for International Justice, filed for preliminary discovery of all export permits issued since 7 October to Israel in the Federal Court. The case was discontinued last year, on account that no permits were issued other than for Australia’s own capability.
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However for reasons related to broader issues of transparency, from April to June 2024, the groups engaged in legal submissions and arguments requesting the Defence Minister revoke all current or extant export permits that may go to or become available to Israel and revoke any permits issued to companies that operate on a licence free basis to the US, due to existing treaties.
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As a result of that application, the Government announced in June it was undertaking a review of 66 current or extant permits to Israel. In November it was revealed that Australia had ‘lapsed’ or ‘amended’ 16 export licences to Israel with the review to conclude in December. The Government asserted that the “very high number of civilian deaths” imposed a tougher test on the granting of permits. The groups are concerned that no transparency exists in relation to this review, including whether F-35 parts were in consideration, and whether the reassessments have been done properly according to law, and remain seized of that matter.
Canada
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In January of 2024, Canada suspended the issuance of new export permits for the transfer of military goods to Israel. Later, in September 2024, Canada announced it had suspended approximately 30 active export permits to transfer military materiel to Israel. However, all other previously-approved arms transfers to Israel have continued unabated, including a licence for the direct export of ‘Parts and components of Weapons Bay Door of the F-35 Program’. Furthermore, all transfers of F-35 components to Israel through the US are exempt from Canada’s individual export permit requirements and therefore would also continue to be transferred. In March 2024, Canadian Lawyers for International Human Rights (CLAIHR) and Al-Haq, together with four individuals, filed an application for Judicial Review in Canada. The applicants seek, among other things, to halt the transfer, whether direct or indirect, of Canadian-made F-35 components to Israel.
Denmark
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In Denmark a number of organisations have taken a case against the Danish Government, including Amnesty International Denmark, Oxfam Denmark, MS Action Aid Denmark, and Al-Haq. In March, the Danish government announced it was implementing “a very restrictive approach” to arms exports to Israel. However it transpired that these restrictions apply to new export licences only. Existing licences, including those covering exports related to F-35s, remain in place.
Italy
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The Italian Prime Minister Giorgia Meloni said in October 2024 that the Italian Government suspended the issuing of all new licences for the export of military materials to Israel from the start of the Israeli operation in the Gaza Strip. However, export licences issued before 7th October are being honoured and have been delivered against during the war.
The Netherlands
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In February 2024 litigation in the Netherlands by Oxfam Novib, Vredesbeweging PAX Nederland and The Rights Forum resulted in the Court ordering the Dutch Government to block the export of F-35 parts from the Netherlands to Israel. The court found that there is a clear risk that Israel’s F-35 fighter jets might be used in the commission of serious violations of international humanitarian law.
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In November 2024 the Dutch Supreme Court of the Netherlands was advised by its advocate general to uphold the ruling by the Hague Court of Appeal ordering the Dutch Government to block the export of F-35 parts from the Netherlands to Israel.
UK
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In the UK Al-Haq and Global Legal Action Network are taking the UK government to the High Court in a Judicial Review over continued weapons exports to Israel, despite the ongoing violations of international law. The UK Government’s decision on 2 September to suspend 30 arms licences to Israel, excluded components for the global F-35 programme and was taken a day before a hearing was due in the High Court.
US
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Palestinian families supported by DAWN filed a federal lawsuit in December 2024 under the Administrative Procedure Act (APA) challenging the State Department’s arbitrary failure to implement the Leahy Law prohibiting US assistance to abusive Israeli security forces.
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In November 2023 Palestinian human rights organizations, together with Palestinians in Gaza and the US, filed a lawsuit in US federal court against former President Biden, Secretary of State Blinken, and Secretary of Defense Austin for the US officials’ failure to prevent and complicity in the Israeli government’s unfolding genocide against them. The court found that Israel’s assault and siege on the Palestinian people in Gaza plausibly constitutes genocide and “implor[ed]” the Biden administration to examine its “unflagging support” for Israel. Notwithstanding these findings, the court denied the preliminary injunction motion and granted the government’s motion to dismiss the case on the grounds that it lacked jurisdiction over the administration’s conduct of foreign relations.
Legal cases elsewhere
Germany
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ECCHR has filed several requests for provisional measures against German exports of weapons of war and armaments to Israel, concerning weapons and armaments used in Gaza. Urgent requests have been submitted to administrative courts in Berlin and Frankfurt am Main on behalf of up to five Palestinian plaintiffs, all of whom live in Gaza and have already lost one or more family members as a result of the conduct of the Israeli military. The lawsuits are supported by the Palestinian Center for Human Rights (PCHR) and the Al Mezan Center for Human Rights from Gaza, as well as the Palestinian human rights organization Al Haq from Ramallah in the West Bank.
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In April 2024 lawyers in Berlin filed an urgent application against the German government to stop the approval of war weapons exports to Israel. The urgent appeal was filed on behalf of Palestinians in Gaza who are demanding an immediate halt to the supply of weapons to Israel. The case is supported by the European Legal Support Center (ELSC), Palestine Institute for Public Diplomacy (PIPD), Law for Palestine under the Justice and Accountability for Palestine Initiative, and Forensis.
Belgium
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A group of Belgian NGOs filed a criminal complaint against the Israeli shipping company ZIM for violating Belgium’s arms trade decree in May 2024. The NGOs filing the complaint include 11.11.11, Association Belgo-Palestinienne, Al-Haq Europe, Broederlijk Delen, De-Colonizer, Vrede vzw, Oxfam and Vredesactie.
France
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In a decision handed down on 18 June 2024 the Paris Court of Appeal overturned the decision taken by the Bobigny court on 14 June, which had banned the entry of Israeli delegations and Israeli arms subsidiaries into the EUROSATORY arms fair. Al-Haq and its partner organisations Action sécurité éthique républicaines (ASER), Association France Palestine Solidarité (AFPS) had filed an interim injunction against COGES, the organiser of the EUROSATORY arms fair, to take effective measures to prevent Israeli arms companies and their subsidiaries from selling their technologies in France.
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In October 2024 Al-Haq and partners filed a legal notice calling on SOGENA, Organiser of EURONAVAL 2024, to take all measures to prevent weapon sales likely to be used in crimes in the OPT and Lebanon. The notice was filed on behalf of the organisations Al-Haq, EuroPalestine, UJFP, Stop Fueling War and Aser, and the collectives Stop Arming Israel France, Urgence Palestine, Les Comités d’Etudiants en Soutien à la Palestine de Paris.
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In April 2024 11 NGOs including Amnesty International France, ASER and Attac filed a court case to force France to halt arms deliveries to Israel.
ENDS
