Global Legal Action Network and Al-Haq continue their legal challenge to suspend UK exports of F-35 fighter jet components and weapons used by Israel as they commit atrocity crimes in Gaza

As the catastrophic humanitarian conditions worsen in Gaza, a hearing in the Royal Courts of Justice is set to consider the lawfulness of the exemption of F-35 fighter jet parts from a UK arms suspension, despite the UK Government’s own assessment that there is a “clear risk” that F-35 jets (and other British weapons) could be used in serious violations of international humanitarian law.

The on-going challenge could also be expanded to include the UK government’s lack of red lines for imposing a full export ban on weapons to Israel as the groups this week sent the government notice of the intention to take fresh legal action.

The case, brought by Global Legal Action Network (GLAN) and Al-Haq, began by challenging all weapons exports to Israel for use in Gaza. However, since a partial suspension on 2 September 2024, the case now focusses on the decision to exempt some exports for F-35 fighter jet components from the September suspension. The Government has assessed that there is a ‘clear risk that the items might be used to commit or facilitate serious violations of international law’ - but is still allowing parts to be transferred to Israel indirectly, through a global supply chain. 

In a novel development, it is unclear whether the government took into account the possibility that selling arms to Israel could have domestic criminal consequences under the Geneva Conventions Act 1957 or the International Criminal Court Act 2001.  If the government did not properly take this into account or proceeded despite the recognition of a high risk of criminal offences taking place, it could mean that the decision to continue transferring F-35s was unlawful.

The upcoming hearing will see a High Court judge decide which grounds may continue to a final hearing, and when that hearing should be.

Fresh legal challenge

Al-Haq and GLAN have also sent the government a pre-action protocol (PAP) letter for judicial review based on new elements of the case including:

• Ongoing atrocities in northern Gaza
  • On an urgent basis ahead of the hearing, Al-Haq has written to the Government to inform them that they must immediately review the decision to continue to supply arms through the F-35 programme in light of the escalated, man-made humanitarian catastrophe being inflicted by Israel on Palestinians in northern Gaza.

• Foreign Secretary David Lammy’s incorrect definition of genocide
  • In comments in Parliament on 28 October 2024, MP David Lammy displayed a fundamental misunderstanding of the definition of the term ‘genocide’, saying it only applies in situations where “millions of people lost their lives in crises such as Rwanda and the Holocaust of the second world war”, and that, accordingly, evaluating Israel’s attack on Gaza in terms of genocide “undermines [the] seriousness” of the term. Al-Haq's case already argues that the government’s repeated failure to stop arms exports to Israel stems from an incorrect interpretation of its obligation to prevent genocide, especially considering the three provisional measures orders issued by the ICJ earlier this year.

• Lack of red lines
  • Al-Haq's urgent letter has requested that the Government stipulate which ‘red lines’ it has for completely ending arms exports to Israel. As the Government is continuing exports through the F-35 programme citing international peace and security concerns as outweighing its own assessment that there is a clear risk of Israel using them to commit serious violations of IHL (i.e. war crimes), it is not at all clear whether there is any point at which these parts would be suspended.

Notes to Editors:  

The PAP letter can be viewed confidentially. GLAN and Al-Haq representatives are available for interview or further comment. 

Al-Haq is an independent Palestinian non-governmental human rights organisation based in Ramallah, West Bank. It was established in 1979 to protect and promote human rights and the rule of law in the Occupied Palestinian Territory, and the organisation has special consultative status with the United Nations Economic and Social Council. Al-Haq documents violations of the individual and collective rights of Palestinians in the OPT and in doing so, it conducts research; prepares reports, studies and interventions on breaches of international human rights and humanitarian law in the OPT and the Palestinian people’s right to self-determination; and undertakes advocacy before local, regional and international bodies. For its work protecting and promoting human rights, Al-Haq has been awarded numerous international awards.  alhaq.org   

Global Legal Action Network (GLAN) is a U.K.-based legal non-profit organisation with offices in the U.K. and Ireland. GLAN works with affected communities to pursue innovative legal actions across borders to challenge powerful actors involved in human rights violations and systemic injustice.  glanlaw.org