Britain’s decision to allow the export of F-35 fighter jet components to Israel, despite accepting they could be used in breach of international humanitarian law in Gaza, was unlawful, a Palestinian rights group told London’s High Court yesterday.
Al Haq, a group based in the Israeli-occupied West Bank, is taking legal action against Britain’s Department for Business and Trade over its decision to exempt F-35 parts when it suspended some arms export licences last year.
The UK had assessed that Israel was not committed to complying with international humanitarian law, in relation to humanitarian access and the treatment of detainees, as the basis for its decision in September.
But, after the Ministry of Defence said suspending licences for F-35 parts would have an impact on international security and “undermine US confidence in the UK and Nato”, Britain decided to “carve out” F-35 licences.
Al Haq, which documents alleged rights violations by Israel and the Palestinian Authority, the Palestinians’ self-rule body in the West Bank, argues that the ministry’s decision was unlawful as it was in breach of Britain’s obligations under international law, including the Geneva Convention.
The group’s lawyer, Raza Husain, said its case at the High Court was being heard “against a backdrop of human calamity unfolding in Gaza”, since Israel responded to the October 7, 2023 Hamas attacks with a devastating military campaign.
Nearly 53,000 Palestinians have been killed, according to Hamas-run Gaza health authorities.
Husain said the vast majority of Al Haq’s case did not require the High Court to rule on “the lawfulness or otherwise” of Israel’s actions in Gaza, but whether British ministers had misunderstood the law when it decided on the F-35 carve-out.
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