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 lawful, London’s High Court ruled yesterday.
Al Haq, a group based in the Israeli-occupied West Bank, had taken 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 United Kingdom had assessed that Israel was not committed to complying with international humanitarian law in Israel’s ongoing military campaign.
But Britain did not suspend licences for F-35 components, which go into a pool of spare parts which Israel can use on its existing F-35 jets.
Britain said suspending those licences would disrupt a global programme that supplies parts for the aircraft, with a knock-on impact on international security and ‘undermine US confidence in the UK and Nato’.
Al Haq had argued at a hearing last month that the decision was unlawful as it was in breach of Britain’s obligations under international law, including the Geneva Convention, but the High Court dismissed the group’s challenge.
Judges Stephen Males and Karen Steyn said the case was about whether the court could rule that Britain must withdraw from the international F-35 programme, which was ‘a matter for the executive ... not for the courts’.
According to Gaza officials, Israel’s bombardment has killed more than 56,000 Palestinians while displacing almost the whole population of more than two million and plunging the enclave into a humanitarian crisis.
The court said Britain’s business minister Jonathan Reynolds was “faced with the blunt choice of accepting the F-35 carve out or withdrawing from the F-35 programme and accepting all the defence and diplomatic consequences which would ensue”.
Al Haq said it was disappointed with the ruling, but that its legal challenge had contributed to Britain’s partial suspension of arms export licences in 2024.
Jennine Walker, a lawyer at the Global Legal Action Network which supported Al Haq’s case, said outside the Royal Courts of Justice in London: “We are currently analysing the judgment for grounds of appeal.
“This is a regrettable setback after such a long battle for Al Haq and all the Palestinians who have been following the case. However, this is not the end.”
Charity Oxfam, Amnesty International and Human Rights Watch, which all intervened in the case, also criticised the ruling.
A British government spokesperson said: “This (ruling) shows that the UK operates one of the most robust export control regimes in the world. We will continue to keep our defence export licensing under careful and continual review.”
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