UK 'confident' in F-35 exports to Israel even as aid into Gaza halted

The UK's Minister for the Middle East has stated that despite Israel halting aid and electricity to the Gaza Strip, the UK remains "confident" in continuing to approve export licenses for spare parts that could ultimately be used in Israeli F-35 fighter jets. This decision reflects the UK's commitment to maintaining its defense relationships and ensuring regional stability.

Hamish Falconer told the Foreign Affairs Committee in Parliament on Tuesday that even before Israel stopped supplies entering Gaza earlier this month, restrictions on goods during the winter had already made life "very, very difficult" for people in Gaza as temperatures dropped. The limited access to essential goods has exacerbated the already dire humanitarian situation in the region.

He stated that tents, camouflage sleeping bags, and water purification systems were not allowed into Gaza because Israel believed they could be used for military purposes. Although the UK government has repeatedly called on Israel to lift the restrictions "for some time" and has made some progress as quantities increased, Falconer said that not enough aid was getting into Gaza, and that aid entering the Palestinian enclave was subject to "far-reaching" restrictions. The ongoing restrictions hinder the delivery of crucial assistance to those in need.

"This has been on our minds as Gaza heads into winter, but unfortunately, we have had limited progress in our negotiations with the Israeli government," he said. "There is no easy answer to this. As you say, we have been repeatedly calling for the lifting of restrictions, but it hasn't happened." The lack of progress underscores the complexities of the situation and the challenges in influencing Israeli policy.

In September last year, the UK Labour government suspended around 30 arms export licenses to Israel after a review found that UK-made weapons may have been used in breaches of international humanitarian law in Gaza. One of the key factors in the review was the conclusion that Israel, as an occupying power, had failed in its duty to ensure that supplies essential to the survival of the people of Gaza entered in sufficient quantities. The suspension highlighted concerns about the potential misuse of UK-made weaponry.

Falconer explained on Tuesday that, as a result of the assessment, weapons that could be used offensively by Israel were restricted. However, a specific exception was made for F-35 spare parts indirectly exported to Israel because it was "consistent with international peace and security." This exception reflects the strategic importance of the F-35 program to the UK and its allies.

"If we were to suspend these licenses, it would damage the entire F-35 supply chain, and given the importance of the F-35 to all our allies, and its importance in our European region, it would have significant and far-reaching implications," Falconer said. This is the government's position in an ongoing judicial review of UK arms exports to Israel, brought by the Palestinian human rights organization Al-Haq in the High Court. The government maintains that disrupting the F-35 program would have broader negative consequences.

However, activists argue that with this exception, the government has failed to meet its obligations under international treaties, including the UN Arms Trade Treaty. The F-35 has played a key role in Israeli offensives in Gaza and has also been used by Israel in Lebanon and the West Bank over the past year. Critics contend that the exception undermines the UK's commitment to responsible arms export practices.

Liberal Democrat MP Richard Ford asked how this exception was compatible with the treaty, and Falconer said that there was a provision in the treaty regarding international peace and security. "As you would expect, the legal advisers across government have looked at this in detail, and we are confident that this is compliant with our international legal obligations," he said. The government insists that its position is legally sound and consistent with its international commitments.

Committee chair Emily Thornberry, who previously condemned the secret filming of a UK parliamentary delegation visit to Israel, asked Falconer why the UK government could not take the same position as the Netherlands. "The Dutch court said that, actually, they could stop selling these parts, or mark them as not to be used in Israel. That is the Dutch position. If that is the Dutch position, why can't the UK take the same position?" she said. Thornberry questioned the UK's rationale for not aligning with the Netherlands' stance on arms exports.

In reality, the situation in the Netherlands is more complex: direct exports of Dutch-made F-35 parts to Israel have been halted following a ruling by the Court of Appeal in February 2024, but the export of Dutch-made F-35 parts to third countries remains legal. In July, a Dutch court rejected a request by human rights organizations to demand that the Netherlands block the export of all parts that could potentially end up in Israel. They are appealing this ruling. The Dutch legal landscape regarding F-35 parts exports is still evolving.

In response to Thornberry, Falconer said that, like the Netherlands, the UK government's arguments would be tested in a judicial review, with court hearings scheduled to resume in May. "You are waiting for the court in May, and that is when we will know?" Thornberry said. "No, no. To be clear, chair, we are confident in our position, but as in the Netherlands, there will be a court case here, and they will reach a conclusion." The UK government is awaiting the outcome of the judicial review to provide further clarity on its position.

Ford intervened again, asking whether the UK government was "likely to increase pressure on arms exports, to remove this exception" given Israel's accelerated breaches of international humanitarian law. Falconer responded: "If the question is, in the face of further concerns, would we take action on the F-35, I would just reiterate our position. We believe that the continued operation of the F-35 project is vital to our many neighbors and to international peace and security, and our position will remain as I have set out." The UK government maintains its commitment to the F-35 program despite concerns about potential violations of international law.