GLAN joins over 230 global organisations demanding governments producing F-35 jets stop arming Israel

Global Press Release

• 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. 

• The F-35 jet programme partners include Australia, Canada, Denmark, Italy, the Netherlands, Norway, UK and US (lead partner). 

• 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.” 

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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.”

Lara Khider, Acting Executive Director of the Australian Centre for International Justice said: 

“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 Australian arms export regime continues to be shrouded in secrecy, with a significant lack of transparency over the decision-making processes governing export permit approvals. An immediate two-way arms embargo is an essential bare minimum measure to ensure that Australia does not, directly or indirectly, contribute to violations of international law in the Occupied Palestinian Territory.”

Francesco Vignarca, Campaigns Coordinator for Rete Italiana Pace Disarmo (Italian Network for Peace and Disarmament)

“Italy's role as a second-tier partner in the Joint Strike Fighter programme (and as the only country in Europe to host in its territory a final assembly facility for the F-35 fighter aircraft) raises great concern in the Italian civil society committed to Peace. In fact, there is a well-founded concern that the presence of the FACO (Final Assembly and Check Out) in Cameri (Northern Italy) could configure various levels of involvement in the supply of F-35’s spare parts and maintenance activities to Israel. 

“Thus there is a risk that Italy is playing a role of complicity or facilitation towards Israel and its military with respect to the serious violations of international humanitarian law taking place in Gaza and the West Bank. Moreover, this would deny and nullify the decision taken by the Italian government in October 2023 to stop military supplies to Israel.”

Marte Hansen Haugan, President of Changemaker (Norway):

"The unwillingness to halt or pause the production of F-35 components reflects an interpretation of national and international law that excludes Palestinian lives. It is horrifying to know that Norway is enabling Israel to kill civilians in Gaza and the West Bank. For years, Norway has spoken in defense of international law and humanitarian principles—but words mean little without real action."

“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.”

Katie Fallon, Advocacy Manager at Campaign Against Arms Trade said:

“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.”

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Read the Full letter:

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. 

After 466 days of Israel’s military offensive in Gaza, we welcome the limited ceasefire which came into effect on 19 January, and call on our Governments to support every effort to permanently end the ongoing atrocities. The past 16 months have illustrated with devastating clarity that Israel is not committed to complying with international law. The fragility of the Gaza ceasefire underscores the risk of further violations and the need to halt arms exports to Israel, including F-35s. This is also highlighted by Israel’s continued illegal use of military fighter jets in the occupied West Bank, especially Jenin. 

Partners to the F-35 programme have individually and collectively failed to prevent these jets from being used to commit serious violations of international law by Israel, most obviously  across the occupied Palestinian territory, including international crimes, despite overwhelming evidence in this respect. States have either been unwilling to observe their international legal obligations and/or claimed that the structure of the F-35 programme means that it is not possible to apply arms controls to any end-user, making the entire programme incompatible with international law.

Israel’s unprecedented bombardment and destruction of Gaza has led to immeasurable human suffering, environmental devastation, and humanitarian catastrophe. The International Court of Justice (ICJ) ordered provisional measures on Israel to prevent genocide against the Palestinian people in Gaza in January 2024. 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’.

A temporary ceasefire does not signify an end to Israel’s violations of international law or nullify the longstanding risk that arms transfers to Israel might be used to commit or facilitate such violations. This includes, but is not limited to, Israel’s ongoing occupation and annexation of the Palestinian territories, which the International Court of Justice (ICJ) concluded is unlawful.

Israel has killed more than 46,707 people in Gaza and the remains of an estimated 10,000 more people are still under the rubble. At least 90 percent of Palestinians in Gaza have been forcibly displaced, in conditions unfit for human survival. Israeli forces have repeatedly attacked civilian objects, including aid distribution sites, tents, hospitals, schools and markets. Around 69 percent of all structures in Gaza have been destroyed or damaged by the bombardment. Despite these devastating realities and crimes on the ground, our governments have continued to supply Israel through the F-35 programme. 

F-35 programme

Governments from a number of F-35 partner countries - namely Canada, Denmark, Italy, the Netherlands, and the UK - have restricted some arms exports to Israel due to the risk of these weapons being used by Israel to commit violations of international law in Gaza. In September 2024, the UK government found that it was “unable to conclude anything other than” that for certain UK arms exports to Israel, including F-35 jets, there is a clear risk that they might be used to commit or facilitate a serious violation of international humanitarian law in Gaza. Alarmingly, despite these irrefutable admissions, there has been a concerted effort to sustain the transfer of components to the F-35 programme, allowing for ongoing direct and indirect transfer to Israel. 

A number of incoherent positions have been put forward by F-35 partner countries allowing for the continued export of F-35 parts and components to Israel, 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. The UK has argued that for reasons of international peace and security it has disregarded its own arms export licensing criteria and international legal obligations to continue exporting components to the F-35 programme, allowing for onward transfer to Israel, claiming that it is a “matter of such gravity that it would have overridden any [...] further evidence of serious breaches of IHL”. Effectively, there are no circumstances in which this supply of F-35 components would be suspended.

These jets have been operating in Gaza armed with munitions, including 2,000 lb bombs - explosives with a lethal radius up to 365 m, an area the equivalent of 58 football pitches. In June 2024, a UN report identified these bombs as having been used in “emblematic” cases of indiscriminate and disproportionate attacks on Gaza that “led to high numbers of civilian fatalities and widespread destruction of civilian objects”. 

On 2 September 2024, the very day the UK Government announced an exemption for F-35 components, Danish NGO Danwatch revealed that an F-35 was used in July 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. This bombardment follows the pattern of Israeli attacks in Gaza in violation of international humanitarian law.

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”.

All F-35 partners have additional legislation reinforcing these international obligations at either national or European level. Continued 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. Additionally, all F-35 partners have ratified or acceded to the Genocide Convention, and have committed to “prevent and punish” the crime of genocide. 

These obligations are reinforced by pronouncements of the ICJ, including where the Court reminded States Parties to the Genocide Convention of their international obligations regarding the transfer of arms to parties to an armed conflict, to avoid the risk that such arms might be used to violate the Convention in April 2024 (para 24). In July 2024, the ICJ clarified that states must not aid or assist Israel in its unlawful occupation of occupied Palestinian territory, including through economic or trade dealings. The International Criminal Court (ICC) issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Minister of Defence Yoav Gallant for war crimes and crimes against humanity in November 2024.

Legal and political responses 

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. 

In the UK, Al-Haq and Global Legal Action Network are taking the UK government to the High Court in a Judicial Review challenging the decision to exclude components for the global F-35 programme from the September 2024 suspension of around 30 arms licences to Israel. 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. It followed litigation brought by Oxfam Novib, PAX and The Rights Forum.

In Australia, Al-Haq, Al Mezan Center for Human Rights and the Palestinian Centre for Human Rights, represented by the Australian Centre for International Justice, made submissions requesting the Defence Minister revoke all current or extant export permits to Israel including via this US. As a result, the Government undertook a review which revealed that Australia had ‘lapsed’ or ‘amended’ 16 export licences to Israel. The groups remain concerned that no transparency exists in relation to this review, including whether F-35 parts were in consideration. Further cases are ongoing in F-35 partner countries Canada and Denmark, as well as Germany and Belgium. 

Conclusion

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)

1. Amnesty International Australia

2. AusRelief 

3. Australian Centre for International Justice 

4. Australia Palestine Advocacy Network (APAN) 

5. Australian Social Workers for Palestine 

6. Canberra Palestine and Climate Justice

7. Central West New South Wales for Palestine & We Vote for Palestine

8. Coalition for Justice and Peace in Palestine

9. Disrupt Wars

10. Free Gaza Australia

11. Free Palestine Melbourne

12. Independent and Peaceful Australia Network (IPAN)

13. Independent & Peaceful Australia Network (IPAN) Geelong & Vic Southwest

14. Inner West for Palestine

15. Institute of non-violence

16. Jewish Council of Australia

17. Jews Against the Occupation '48

18. Just Peace 

19. Knitting Nannas, Central Coast and Midcoast 

20. Medical Association for Prevention of War

21. Mums for Palestine 

22. Neptune's Pirates

23. No Weapons for Genocide

24. Northern Rivers Friends of Palestine

25. Palestine Action Group Muloobinba

26. Palestine Network Shining Waters Region (PalNet SW), The United Church of Canada

27. People's Climate Assembly

28. Rising Tide 

29. Settlement Services Australia

30. Social and Ecological Justice Commission (United Church of Canada)

31. Sydney Peace Foundation

32. Quakers Australia

33. Wage Peace

Austria

34. Yante - Youth, Art, and Levante

Belgium 

35. Al-Haq Europe

36. Vredesactie

Canada (F-35 Programme Partner)

37. Al Huda Institute Canada

38. Amnesty International Canadian Section 

39. Arab Left Forum

40. Bathurst Street United Church

41. The Canadian BDS Coalition & International BDS Allies

42. Canadian Foreign Policy Institute   

43. Canadian Lawyers for International Human Rights

44. Canadian Muslim Healthcare Network

45. Canadians for Justice and Peace in the Middle East 

46. Canadians for Justice and Peace in the Middle East Saskatoon Chapter (CJPME Sask chapter)

47. Collectif de Québec pour la paix / Quebec City Collective for Peace

48. Health Workers Alliance for Palestine

49. Independent Jewish Voices Canada

50. IslamicFamily

51. Just Peace Advocates/Mouvement Pour Une Paix Juste

52. Justice For All Canada

53. Labour Against the Arms Trade

54. Manitoba Healthcare Workers for Palestine

55. Mennonite Church Manitoba Palestine Israel Network

56. Ontario Palestinian Rights Association (OPRA)

57. Oxfam-Québec

58. Palestinian and Jewish Unity (PAJU)

59. Project of Heart

60. Project Ploughshares 

61. Solidarité Sherbrooke-Gaza

62. RightonCanada

63. United Network for Justice and Peace in Palestine and Israel (UNJPPI)

Denmark (F-35 Programme Partner)

64. ActionAid Denmark

65. Amnesty International Danmark

66. Oxfam Denmark

France 

67. Amnesty International France

Italy (F-35 Programme Partner)

68. Rete Italiana Pace e Disarmo

69. Accademia Apuana della Pace

70. Amnesty Internationl Italia

71. ARCI-Italy

72. Ass. Adl Zavidovici

73. Associazione Percorsi di pace

74. Associazioni Cristiane Lavoratori Italiani aps

75. AssoPacePalestina

76. Beati i costruttori di pace (Blessed Are the Peacemakers)

77. Center for Research and Elaboration on Democracy (CRED)

78. Centro Studi Sereno Regis

79. CIPAX Centro interconfessionale per la pace

80. Coordinamento Nazionale Comunità Accoglienti (CNCA)

81. COSPE NGO

82. Diritto Diretto

83. Emmaus Italia

84. Fondazione Finanza Etica

85. Istituto di Ricerche Internazionali Archivio Disarmo

86. MIR (Movimento internazionale della Riconciliazione)

87. Movimento Nonviolento

88. Scuola di Pace del Comune di Senigallia

89. Un Ponte Per

India

90. Gig Worker Association

Iraq

91. Al-Taqwa Association for Women and Children's Rights

Ireland

92. Anti Racism World Cup

Jamaica

93. Kingston and St Andrew Action Forum 

Jordan 

94. Campaign Against Gaza Genocide

Lebanon 

95. Al-Jana Center

96. KAFA (enough) Violence & Exploitation

97. Permanent Peace Movement

98. WILPF Lebanon

Morocco 

99. Association Mains Libres

México

100. Centro de Estudios Ecuménicos

Nepal 

101. Path

102. Women for Peace and Democracy Nepal (WPD Nepal)

The Netherlands (F-35 Programme Partner)

103. Amnesty International Netherlands

104. Feminists of Maastricht

105. Oxfam Novib

106. PAX

107. The Rights Forum 

108. Stop Wapenhandel

109. Transnational Institute

Norway (F-35 Programme Partner)

110. Amnesty International Norway

111. The Association of Norwegian NGOs for Palestine

112. Changemaker

113. Fagforbundet - Norwegian Union of Municipal and General Employees

114. Jødiske Stemmer for Rettferdig Fred  (Jewish Voices. - Norway)

115. NTL OsloMet Metropolitan University (trade union)

116. The Palestine Committee of Norway

117. Palestinas Venner OsloMert

118. Sosialistisk Venstreparti

Palestine

119. Al-Haq

120. Al Mezan Center for Human Rights

121. International Committee to Support the Rights of the Palestinian People

122. The Palestinian Initiative for the Promotion of Global Dialogue and Democracy-MIFTAH

123. Palestinian Working Woman Society for Development PWWSD

Switzerland 

124. Control Arms

Sri Lanka

125. Forum on Disarmament and Development

Turkiye 

126. Worldwide Lawyers Association

United Kingdom (F-35 Programme Partner)

127. ActionAid UK

128. Action For Humanity 

129. Action on Armed Violence

130. Amnesty International UK

131. Anglican Pacifist Fellowship 

132. Bahrain Institute for Rights and Democracy (BIRD)

133. Bank Better

134. Boycott Bloody Insurance

135. British Arab Nursing and Midwifery Association

136. British Palestinian Committee

137. Cambridge Branch - Communist Party of Britain 

138. Cambridge Stop the War Coalition

139. Cambridgeshire Keep Our NHS Public

140. Campaign Against Arms Trade 

141. Campaign against Misrepresentation in Public Affairs, Information and the News (CAMPAIN)

142. Campaign for Nuclear Disarmament 

143. Coal Action Network

144. Common Wealth

145. Conflict and Environment Observatory

146. Council for Arab-British Understanding

147. Cuba Solidarity Campaign

148. Embrace the Middle East

149. FairSquare

150. ForcesWatch

151. Gaza Genocide Emergency Committee (Glasgow)

152. Glasgow Palestine Human Rights Campaign

153. Global Justice Now

154. Global Legal Action Network 

155. Health Workers 4 Palestine 

156. Independent Catholic News

157. International Centre for Justice for Palestinians

158. International Solidarity Movement Scotland

159. The Iona Community

160. Jewish Network for Palestine

161. Merseyside Pax Christi

162. National Justice and Peace Network, England and Wales

163. Omega Research Foundation

164. Palestine Action 

165. Palestine House

166. Palestine Solidarity Campaign

167. Pax Christi England and Wales

168. The Peace and Justice Project

169. Richmond & Kingston Palestine Solidarity Campaign

170. Sabeel-Kairos UK

171. Saferworld 

172. Scientists for Global Responsibility (SGR)

173. Scotland Against Criminalising Communities  

174. Shadow World Investigations

175. Thanet 4 Palestine 

176. Tipping Point UK 

177. War on Want

178. United Tech and Allied Workers

179. Women in Black Edinburgh

180. Women in Black London 

181. Workers for a Free Palestine

United States (F-35 Programme Lead Partner)

182. Action Corps

183. American Friends Service Committee

184. Amnesty International USA

185. Art Forces

186. Association for Investment in Popular Action Committees 

187. Austin For Palestine Coalition

188. Center for Civilians in Conflict (CIVIC)

189. Center for Constitutional Rights

190. Doctors Against Genocide 

191. Episcopal Peace Fellowship Palestine Israel Network

192. Fellowship of Reconciliation

193. Friends of Sabeel North America (FOSNA)

194. Global Centre for the Responsibility to Protect (GCR2P)

195. Global Ministries of the Christian Church (Disciples of Christ) and United Church of Christ

196. Green Mountain Solidarity With Palestine

197. Green Mountain Veterans For Peace

198. Honor the Earth

199. Indiana Center for Middle East Peace

200. KinderUSA

201. Madison-Rafah Sister City Project

202. The Middle East Children's Alliance for Peace

203. National Lawyers Guild- Palestine Sub Committee 

204. New Mexico Jews for a Free Palestine 

205. A New Policy

206. Nonviolence International 

207. Palestine Justice Network of the Presbyterian Church (U.S.A.)

208. Palestinian Youth Movement 

209. Peace Action

210. People’s Arms Embargo

211. RepresentUS New Mexico

212. Safe Skies Clean Water Wisconsin

213. Santa Fe Democratic Socialists of America

214. Security in Context

215. Showing Up for Racial Justice (SURJ) Northern New Mexico chapter

216. Tech Justice Law Project

217. USA Palestine Mental Health Network

218. Vermont and New Hampshire Chapter of the National Lawyers Guild

219. Will Miller Social Justice Lecture Series

220. WESPAC Foundation, Inc.

International

221. Al-Haq Europe

222. Cairo Institute for Human Rights Studies 

223. Center for Civilians in Conflict (CIVIC)

224. Emergent Justice Collective

225. Human Rights Watch 

226. International Coalition to Stop Genocide in Palestine

227. Oxfam International

228. Pax Christi International

229. United Methodists for Kairos Response (UMKR)

230. War Resisters' International

231. Women's International League for Peace and Freedom

232. 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.

• 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. 

• 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.

• 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.”

• Norway: Norwegian law asserts that the sale of weapons to countries in wars that violate the rules of jus ad bellum is prohibited.

• 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.”

• 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 

• 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. 

• 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. 

• 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 

• 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 

• 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 

• 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 

• 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.

• 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 

• 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

• 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. 

• 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 

• 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.

• 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 

• 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 

• 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.

• 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.

• 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