Breaking: UK Government Ministers warned of Criminal Liability over export of parts for F-35 warplanes used in Gaza
20.09.24: Today the Global Legal Action Network (GLAN) and the Palestinian human rights group, Al-Haq wrote to UK Prime Minister Keir Starmer, and government ministers Foreign Secretary David Lammy, the Secretary of State for Business and Trade, Jonathan Reynolds and Defence Secretary, John Healey putting them on notice of their potential criminal liability for atrocity crimes currently being carried out in the Occupied Palestinian Territory (“oPt”) by Israel. The deployment of F-35s by Israel has been repeatedly confirmed including their role in dropping 2000 lb bombs on densely populated areas of Gaza. Recent reports link F-35s to Israel’s attack on a ‘safe zone’ in Al-Mawasi which killed 90 Palestinians and injured another 300.
The letters come just one day after 39 United Nations (UN) independent experts warned that the recent International Court of Justice’s Advisory Opinion, concluding that “Israel’s continued presence in the [oPt] is unlawful” and must end “as rapidly as possible”, requires states to “impose a full arms embargo on Israel, halting all arms agreements, imports, exports and transfers, including of dual-use items that could be used against the Palestinian population under occupation”. The letter to government ministers details the legal framework under which ministers and companies risk incurring criminal liability and sets out an overview of the evidence of Israeli criminal conduct. Through their role in continued arms transfers, the organisations warn that ministers and arms company directors risk prosecution for providing material assistance to the Israeli military for its current attacks in Gaza and the West Bank.
On 2 September 2024, the Government announced the revocation of all export licences to Israel for weapons assessed as being for use in Gaza including fighter jet components, drones, armoured vehicles and light arms – excluding the F-35 fighter jet. The Secretary of State for Foreign, Commonwealth and Development Affairs “determined that there is a clear risk that certain [military] items, if exported, might be used to commit or facilitate a serious violation of IHL.”
The revocations apply to British-made parts for F-35 fighter jets that are sent directly to Israel; it does not, however, apply to British-made parts for F-35 fighter jets that are sent to third countries for ultimate use by Israel. The Secretary of State for Business and Trade has yet to justify the basis in public law for this so-called “carve-out,” which is now one of the key subjects of challenge in Al-Haq’s ongoing judicial review.
Shawan Jabarin, General Director of Al-Haq said: “For almost a year now, Israel has been carrying out genocidal attacks on Palestinians in Gaza, and we know that Israeli airstrikes and bombs using F-35 fighter jets have devastated densely populated areas, including shelters for displaced Palestinians. The insurmountable evidence that Israel is committing violations and international crimes means the UK government can’t feign ignorance. Yesterday, the UN General Assembly overwhelmingly voted to end Israel’s ‘unlawful presence’ in the oPt and called upon states to implement sanctions against individuals and entities involved in maintaining Israel’s unlawful presence in the oPt. The UK should immediately suspend licences to export F-35 components to Israel as an end user via third-party countries and impose a full two-way arms embargo on Israel, in line with its obligations under international law.”
Charlotte Andrews-Briscoe, a GLAN lawyer, said: "F-35s are notoriously used to drop 2000lb pounds in Gaza. Gaza is one of the most densely populated places on earth, and these lethal fighter jets cause untold civilian death and destruction. Through its partial revocation of arms licenses on 2 September, the UK Government has recognised that there is a clear risk that UK weapons are being used to breach IHL. These letters put ministers and arms companies on notice that if they continue to facilitate the transfer of F-35 fighter jets, they could be indicted for aiding and abetting war crimes, and then be tried by a jury of their peers. UK officials and businessmen cannot reasonably expect impunity for providing material assistance to a state credibly accused of genocide."
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