• High Court ruling ups pressure on parliament to ensure democratic process takes place; Government must allow MPs to scrutinise decision to continue arming Israel amid ongoing genocide in Gaza.

• The High Court declined to rule on the UK government’s assessment of genocide, stating that parts of the legal challenge are not for the courts to decide and is instead the responsibility of the executive, held accountable by the parliament and electorate.

• Al-Haq and GLAN are considering appealing the decision.

   

The court’s decision, which continues to allow the UK to arm Israel, through the F-35 carve-out, is disappointing, however, our teams are looking into whether to appeal the judgment.

The court declined to pass judgment on the government’s genocide assessment and declined to rule on whether the government’s decision to continue to supply Israel with parts for its lethal F-35 fighter jets through the global supply chain was consistent with its duty to prevent genocide. The court also decided it could not consider arguments that the government’s decision-making is not in line with its international legal obligations, so it has not found the process to be lawful.

The judgment said that it is Parliament’s role, not the court’s, to scrutinise whether the Government decision to continue to arm Israel through the F-35 carve-out is consistent with its international law obligations. The Government has repeatedly hidden behind the legal process to avoid such scrutiny – they said in parliament the decision lies with the courts, but then in court, they argued the opposite.

The Government has shown that it will avoid accountability at all costs.

Our case has exposed that this government cannot be trusted to act fairly on Gaza and in relation to international law including its obligations to prevent genocide. Now is the time for a democratic process to take place, and for the government to provide parliament with full transparency.

• Ignored blatant IHL violations – claimed it had seen no evidence of deliberate targeting of women and children;

• Withheld critical evidence – including a document titled “Research Report: Long-Range Shootings or Shootings of Minors”;

• Has used a wholly unfit methodology to assess Israel’s compliance with IHL

Their excuse that ‘it is for the courts to decide’ whether arming Israel is lawful no longer applies. There is nowhere left to hide – the decision is with them, so are the obligations under international law. It is now the responsibility of elected representatives, human rights and civil society organisations, and the public to urgently apply pressure on the government to change course and uphold its legal obligations.

The situation in Gaza is an affront to international law and our shared humanity. The genocide rages on before our eyes.

Yesterday’s decision does not affect the UK government’s obligation under international law to prevent genocide and atrocity crimes. We will not accept the government’s opinion that genocide assessments can only be carried out after the fact – the facts are clear now, and lives in Gaza depend on action now. 

The government must be able to look back and say it did everything to uphold its legal duty. We must not accept that British-made weapons can continue to kill civilians in Gaza and the West Bank.

We are calling on MPs to take the following actions:

1. Demand to see the last assessment of Israel’s compliance with IHL and know with what methodology it was undertaken. We only have a summary of their assessment published in September 2024 – the genocide has continued brutally for nine months since.

2. Demand transparency from the government over their assessments and decisions regarding Israel’s actions in Gaza. All relevant documents must be disclosed.

3. Demand to know what proactive steps this government is taking to uphold its duty to prevent genocide, given the ICJ ruling of plausible genocide and the ICC’s arrest warrants issued for Israeli leaders.

4. Demand to know what the government has done to overcome ‘obstacles’ to exclude British-made parts from serving Israel in the global F-35 spares pool. 

5. Demand that the Government’s decision to continue the supply of weapons to Israel be put to a democratic process.

We are working tirelessly to explore all legal avenues to ensure that those violating international law and those complicit in the horrific crimes being committed in Gaza are held accountable and face justice.

We have a collective responsibility, particularly in the UK. When leadership fails, we must uphold justice and do all we can to protect the rights and dignity of the Palestinian people.

Find out more about this case here: https://glanlaw.org/israel-weapons-sales