GLAN & Al-Haq continue legal action over government decision to partially restrict arms exports, excluding F-35 programme

Government agrees to disclose information underpinning decision-making in partial revocation of arms licences in ongoing litigation. 

• UK government confirms that all weapons for use in Gaza have been revoked due to risk of facilitation of serious violations of IHL.

• Loophole created which sees the government continue to licence component parts of F-35 fighter jet parts which could ultimately be sold to Israel.  

• Hearing in High Court todays sees lawyers indicate intention to apply for interim relief suspension in new proceedings if satisfactory reasons are not evidenced for F-35 exemption after latest disclosure analysed 

• Timetable agreed for remainder of case, which saw the UK government omit huge areas of international law for consideration 

• Extensive evidence of atrocity crimes already filed with the High Court shows how torture by Israel is endemic and contaminates targeting decisions using UK weapons including F35. 

• Hearing to scrutinise this new decision and previous government decisions set for November.

03.09.24: GLAN and Al-Haq's challenge over the UK government’s partial suspension of weapons exports licences to Israel is set to continue over glaring legal errors and the exclusion of fighter jet components from yesterday’s decision to revoke arms exports to Israel. Less than 24 hours before a crucial hearing in the High Court the UK’s Foreign Secretary announced that the UK was suspending equipment assessed to be used in the current conflict in Gaza “such as important components which go into military aircraft, including fighter aircraft, helicopters and drones, as well as items which facilitate ground targeting.” However, parts for the F-35 for the global supply programme were exempted from the suspension, even if the government know they could or would end up in Israel’s hands.

GLAN and Al-Haq, who are engaged in on-going litigation on the UK’s failures to halt weapons exports to Israel, will now analyse whether the government is acting in accordance with UK law by exempting the F35 components and will pursue accountability in court. 

The deployment of F-35s by Israel has been repeatedly confirmed since the current onset of attacks on Gaza, including their role in dropping 2000lb bombs on densely populated areas. The NGO Danwatch recently linked Israel’s attack on Al-Mawasi ‘safe zone’ which killed 90 people and injured 300 to Israel’s F-35 stealth fighter. By exempting F-35 components the UK has also failed to uphold their duty to prevent genocide, by banning all weapons transfers including all F-35 parts, which they are obliged to do given the influence and leverage it would represent. 

The legal groups point out that the UK’s decision was in response to Israel’s restrictions on food and medical supplies and concerns around credible claims of the mistreatment of detainees. In doing so they avoided making any assessments on the legality of the airstrikes, sniper attacks and controlled demolitions. Last month, GLAN and Al-Haq submitted evidence and witness statements to the High Court arguing it is likely that Israel uses information derived from torture to inform targeting decisions and justify attacks on medical personnel and facilities, aid workers and other protected people and objects. By avoiding an assessment of airstrikes the UK is turning a blind eye to flagrant violations of international law, including those that directly implicate the F-35 jet.  

While the government plays down the extent of British weaponry exported to the Israeli military the F-35 jet's manufacturer Lockheed Martin says that “the fingerprints of British ingenuity can be found on dozens of the aircraft's key components" while the UK Defence Journal estimates them to be 15 per cent British-made.  

With evidence of violations ramping up including documented use of children as human shields and demolitions of civilian homes we will be considering whether new and urgent action needs to be taken to ensure no British complicity in Israeli violations.  

Dearbhla Minogue, GLAN Senior Lawyer, said, "If the UK government are still facilitating crucial F-35 component parts transfers to Israel, having assessed there is a clear risk of Israel violating international humanitarian law, then we will be asking the court to step in. The Government have assessed that Israel has possibly violated international law in relation to humanitarian aid and detainees, but they’ve just simply avoided making an assessment on air strikes. This reads like there are doing this to protect the F-35 war plane over and above civilian lives.” 

Charlotte Andrews-Briscoe, GLAN Lawyer, said, “The evidence we filed throughout this case, but most recently on 16 August, proved that it is clearly irrational to continue to send arms exports to Israel with no restrictions. Our filing included about 200 pages of direct witness statements, and 800 pages of open-source information. Our position is that the Government has been backed into a corner and had no option but to suspend arms sales. 

This should have happened 10 months ago. The Government has taken an important step, but it now needs to do much, much more to fulfil its obligations under the duty to prevent genocide. We’ve always said cessation of arms sales is a bare minimum step.” 

Shawan Jabarin, General Director of Al-Haq said,  "It should not have taken nearly 11 months of genocidal attacks on Gaza, with extensive evidence of atrocity crimes committed by the Israeli government, for the UK government to impose restrictions on arms sales. While we welcome these initial measures, we are deeply concerned about the continued exclusion of crucial F-35 fighter jet components, from UK restrictions. Israeli airstrikes have devasted densely-populated areas, including shelters for displaced civilians. As Israel intensifies its violence against Palestinians across the Occupied Palestinian Territory, it is unacceptable that the UK is focusing solely on Gaza without considering the full extent of Israel’s crimes against Palestinians elsewhere, including the crimes committed in the West Bank this past week, for example. We reiterate the urgent need for a full suspension of arms sales to Israel. Under international law, the UK is obliged to avoid further facilitating the perpetration of war crimes and crimes against humanity. These obligations are non-negotiable. The UK is fully aware of the violations committed against Palestinians and must now impose a comprehensive, two-way arms embargo. Additionally, other measures to hold Israel accountable should be promptly implemented."

Gearóid Ó Cuinn, GLAN Director said, “Israel has consistently failed to demonstrate respect of international law, their endemic use of torture in Palestine contaminates their intelligence and assurances the UK. Without a comprehensive halt to weapons exports the UK is also failing to comply with UK and international law.” 

Additional information:

Court hearing in October, dates now changed to include scrutiny of the latest government decision, and previous government decisions on exports: 

• 6th November: CLOSED hearing (to decide which material gets ‘opened up’ to Claimant’s OPEN team)  

• 18th November: full-day hearing which can be used to: (i) decide future of present claim i.e. as a directions hearing; (ii) hear any applications for injunctive relief that the Claimant has made 

  
  

More about the existing challenge to UK arms exports licences: https://www.glanlaw.org/israel-weapons-sales

This work relies on crowdfunding, the page can be found here: https://www.crowdjustice.com/case/disrupting-illegal-sales-of-uk/