Following a fresh review the UK Government has doubled down on its previous position that protecting global sales of F-35s takes precedence over its obligation to protect human life in Gaza.

Global Legal Action Network (GLAN) and Al-Haq have responded to the Government’s final submission in our arms exports challenge before the Court decides on a hearing and which legal arguments can be taken forward. The organisations have requested a 5-day hearing in the next few months.

In its ‘grounds of resistance’ the Government laid out its position on remaining arms licences to Israel and the global F-35 programme, the key points are:

The Government accepts that there is a clear risk that Israel might commit a serious violation of international humanitarian law, including through the use of F-35 fighter jets.

Despite this risk the Government has again decided to continue to supply components for F-35 into the global spares pool which could be used by Israel to commit serious violations of international humanitarian law.

The Government’s justification for this decision is that it would be damaging to international peace and security if the UK were to suspend its export of F-35 components into the global spares pool. The Government say that these ‘exceptional circumstances’ are a ‘good reason’ not to follow its own licensing criteria for exporting weapons – and international legal obligations.

The Government says that the interests of international peace and security is a “matter of such gravity that it would have overridden any [...] further evidence of serious breaches of IHL”. This clearly is an extreme position. In its Reply, Al-Haq puts it to the Government that they are effectively saying that there is no world in which the supply of F-35 components would be suspended.

The Government must confirm their position regarding exported parts that could be used by Israel or senior Israeli officials to commit serious violations of IHL, including those that amount to war crimes and crimes against humanity, notably persecution, starvation, murder, and the deliberate targeting of civilians, and whether they maintain the decision to disregard these risks despite the vast evidence of atrocity crimes committed in Gaza by Israeli forces.

The court will now decide how the case should proceed, this decision is expected during the week beginning 13/01/25.

Gearóid Ó Cuinn, GLAN’s Director said: 

“The UK has made it clear that Israel can commit whatever depraved atrocity it pleases in Palestine, and nothing will stop the supply of British war plane components. The Government has shamelessly and openly put US interests and the contracts protecting arms manufacturers above its own international legal obligations.”

Shawan Jabarin, Al-Haq General Director, said:

“It is outrageous that, despite acknowledging the clear risk that F-35 components could be used by Israel to commit serious violations of international law, including genocide, the government continues to export the components. In doing so, the UK government is displaying utter contempt for Palestinian life and the fundamental principles of international law.”