The UK’s right to sell F-35 fighter jet parts to the Israeli military will this week be the subject of a High Court case brought against the British government.
In a long-running legal challenge, human rights’ groups and lawyers have argued that the UK’s sale of arms to Israel – despite the government’s own assessment that Israel is not committed to complying with international humanitarian law in its destructive Gaza campaign – is unlawful.
A four-day judicial review brought by Palestinian rights group Al-Haq will start in the High Court on Tuesday.
If successful, it could force the government to quash a previous decision to not include F-35 fighter jet parts in the suspension of 30 arms licences to Israel.
The government argues that suspending licences for F-35 parts would have damaging consequences for international peace and security.
The case is backed by major rights organisations including Oxfam, Amnesty International, Human Rights Watch, and the Global Legal Action Network (GLAN), which is representing Al-Haq in court. A number of left-wing MPs have also added their support.
Dr Halima Begum, CEO of Oxfam GB, said the charity would provide evidence in court including “detailed information on the widespread destruction of water, sanitation and health infrastructure, evidence of attacks on humanitarian aid workers, and restrictions on vital humanitarian aid delivery”.
Rights’ groups say that British-made parts constitute approximately 15 per cent of the aircraft, which carry the 2,000-pound bombs that Israel has repeatedly dropped on Gaza, killing hundreds in densely-populated areas of the ravaged enclave.
“The F-35 is a critical platform for the execution of Israel’s policies in Gaza,” GLAN director Gearóid Ó Cuinn told The Independent. “It’s been dropping these profoundly destructive 2,000-pound bombs which have a kill radius of about 57 football fields… and [have] diminished and degraded the ability for distributing aid.”
In one confirmed attack, Israeli forces admitted using the jets in a strike on Al-Mawasi, southern Gaza, which killed 90 Palestinians and injured 300 more on 13 July 2024.
The legal case hinges on the government’s decision not to include F-35 parts in the suspension of 30 arms licenses to Israel in September 2024.
The government cited the risk to international security, noting that F-35 parts are sold through a global pool of spare parts owned by the US rather than directly to Israel.
Internal government correspondence which emerged in the courts last year showed that defence secretary John Healey had told business secretary Jonathan Reynolds that withdrawing the license for F-35 parts would “undermine US confidence in the UK and Nato”.
Two months after the September decision, the government revealed in court that it believed Israel is “not committed” to complying with international humanitarian law.
Tuesday’s case will argue that the decision to continue transferring F-35 parts to Israel appears to contradict the Strategic Export Licensing Criteria, a government rule which states arms must not be sold to countries where they might be used for a serious violation of international law.
A government spokesperson told The Independent that suspending the licence to sell F-35 parts is not possible without “prejudicing the entire global F-35 programme, due to its strategic role in Nato and wider implications for international peace and security”.
Labour MP Richard Burgon, who has hosted briefings in parliament regarding the case, told The Independent: “When it comes to international law, the point is to respect international law.
“You have to accept it applies to all countries, all governments, whether historically they’re allies or not,” he added, accusing the government of a “double standard” in its approach to Israel.
Left-wing Labour MP Andy McDonald said the continued supply of F-35 parts is an “abomination” which has “no moral foundation or justification whatsoever”, while Apsana Begum MP said it is “absolutely right to hold the government accountable” for continuing arms sales to Israel.
Former Labour leader Jeremy Corbyn also expressed his support for the case. “We know that the UK’s continued supply of arms is morally indefensible,” he told The Independent. “GLAN have my full support in proving that it is legally indefensible too, so that we can finally bring about an end to all arms sales to Israel.”
A government spokesperson said: “This government is fully committed to upholding our responsibilities under domestic and international law and we have at all times acted in a manner consistent with our legal obligations.
“Within a couple of months of coming to office, we suspended relevant licences for the Israeli Defence Force that might be used to commit or facilitate serious violations of international humanitarian law in Gaza.”
