England: High Court hears challenge to exports of F-35 fighter jet parts to Israel

The Global Legal Action Network (GLAN) and Palestinian human rights organisation Al-Haq allege that the UK government is breaking both domestic and international law by excluding F-35 parts from a suspension of arms exports to Israel announced last year.

Essential components of the F-35 fighter jet, including the laser targeting system, are made in the UK.

Shawan Jabarin, general director of Al-Haq, said: “The UK government remains utterly complicit in its ongoing arms sales to Israel, which, emboldened by impunity, has escalated its genocide against the Palestinian people through a manufactured famine, an announcement for the mass forcible transfer of Gaza’s entire population, and plans to seize and annex Palestinian territory in Gaza.

“Israel’s actions are not only an egregious breach of international law but also amount to genocide – and the UK’s complicity makes it also accountable.”

GLAN lawyer Charlotte Andrews-Briscoe said: “The UK government has expressly departed from its own domestic law in order to keep arming Israel. This decision is of continuing and catastrophic effect.

“British-made F-35s are dropping multi-tonne bombs on the people of Gaza, which the UN secretary general has described as a ‘killing field’. Israel’s F-35 pilots say that they are working ‘around the clock’ and ‘non-stop’.

“F-35s are also used to assist Israel’s ground troops and are as such responsible for maintaining Israel’s ongoing two-month total blockade of Gaza, which is intentionally starving an already decimated population.”

GLAN director Gearóid Ó Cuinn added: “In creating loopholes to keep Israel warplanes supplied the UK government is not only fuelling atrocity crimes – it is running roughshod over UK law and sabotaging international law.

“Our message is clear: no loopholes or political calculation can justify complicity in the destruction of a people. This case is about restoring the rule of law and reminding those in power that their decisions carry legal and moral consequences.”

Al-Haq is represented by Dearbhla Minogue, Charlotte Andrews-Briscoe, Jennine Walker, George Collecott and Sicelo Ngwenya at GLAN, supervised by Bindmans partner Alice Hardy.

Their counsel team comprises Phillippa Kaufman KC, Raza Hussain KC, Blinne Ní Ghrálaigh KC and Eleanor Mitchell of Matrix Chambers, Zac Sammour and Aliya Al-Yassin of 11 Kings Bench Walk, Admas Habteslasie of Landmark Chambers, Catherine Drummond of Three Verulam Buildings, Rayan Fakhoury and Aislinn Kelly-Lyth of Blackstone Chambers, Jagoda Klimowicz of Brick Court Chambers, Mira Hammad of Garden Court North, Courtney Grafton at 20 Essex Chambers, and Rebecca Brown of 2 Temple Gardens.

Ms Hardy said: “The government’s position remains that it does not consider that Israel is committed to complying with international humanitarian law and that there is a clear risk that weapons sold to Israel may be used to commit violations of international humanitarian law.

“Israel’s reliance on F-35s in its assaults on Gaza is extensive and well-known, with Israel recently receiving new F-35s and placing orders for more.

“As the UK is the sole supplier of critical parts to F-35 jets, it follows that every new F-35 jet will include UK parts. The government therefore knows that British components are likely to be used in the commission of these violations but has decided to continue exporting them nevertheless.

“Al-Haq challenges the lawfulness of that decision.”

The litigation is being financed through an ongoing crowdfunding campaign.