High Court challenge over UK arms sales to Israel moves ahead, judge rules

A judge in the UK High Court has ruled that a legal challenge against the UK's arms exports to Israel can proceed. The case will focus on the government's decision to continue supplying F-35 fighter jet components to Israel, which could ultimately be used in Israeli aircraft.

In a judgment submitted on Thursday, Judge Chamberlain stated that he had granted permission for a judicial review that will specifically address the grounds challenging the UK’s “F-35 exemption.” The judge wrote that if the challenge is successful, the government's decision to issue export licenses for F-35 components “will have to be reconsidered.”

Although a multi-phased ceasefire agreement brought a halt to hostilities in Gaza earlier this month, the judge stated that he was ruling on the basis that the ceasefire “has no impact on the substantive or procedural issues in this case.” This is the latest development in a challenge first brought by Palestinian human rights organization Al-Haq and the UK-based Global Legal Action Network (Glan) against the UK’s Department for Business and Trade weeks after the Hamas-led attacks in October 2023.

The latest data from Gaza's Ministry of Health indicates that at least 47,283 Palestinians have been killed during the 15-month war. Al-Haq's General Director, Shawan Jabarin, stated after the ruling: “Gaza is destroyed and uninhabitable. Palestinians in Gaza are being killed and erased, with weapon parts provided by the UK government to Israel, with full knowledge of the consequences.” Glan's lawyer, Jennie Walker, said: “Finally, over a year after the case began, the court will rule on Al-Haq and Glan’s legal challenge.”

The organizations’ request for a judicial review was initially rejected but was accepted after an appeal last April. At the time, the UK government's position was that there was no clear risk that UK-exported weapons might be used by Israel to commit serious violations of international humanitarian law in Gaza. According to court documents, the government decided to continue approving all arms export licenses to Israel on three separate occasions: December 18, 2023, April 8, 2024, and May 28, 2024.

However, the situation shifted last September when a new Labour government suspended 30 arms export licenses after a review found that Israel was indeed likely using UK weapons to commit war crimes in Gaza. But the UK continues to supply F-35 fighter jet components globally, which could ultimately be used in Israeli F-35s, which experts say are crucial to its air strike operations in Gaza.

The government acknowledges there is a clear risk that Israel may commit war crimes using F-35 jets but says that it cannot suspend the supply of components without disrupting the entire F-35 fleet and threatening global peace and security within “weeks.” Activists argue that while the government assessed the risk of suspending F-35 component supplies, it failed to fully consider the risk to Palestinians and the international rule of law from continuing the exports, and failed to comply with its own guidelines and international treaty obligations.

In addition to focusing on the F-35 jets, the case's progression will also examine the UK government’s decision to continue supplying equipment that the government assessed would not be used by Israel in Gaza, despite finding that Israel had not committed to upholding international humanitarian law. Oxfam, Amnesty International, and Human Rights Watch are intervening in the case as third parties, providing evidence and testimony to support Glan and Al-Haq’s claims.

Oxfam’s Head of Policy, Helen Stawski, said she welcomed the ruling but stated that given the government has already “acknowledged that Israel has violated international humanitarian law in Gaza, it must immediately suspend all arms sales to Israel, rather than waiting for the court to rule.” She added: “Leaving a loophole for F-35 components is indefensible and not in accordance with the government’s domestic and international legal obligations, which remain in place even with the current pause in hostilities.” A hearing is scheduled for May 12 and is expected to last at least three days.