CAAT and ICJP condemn High Court ruling over UK F-35 exports to Israel

On 30 June, the UK High Court ruled that the government’s decision to continue exporting F-35 fighter jet components to Israel is lawful, despite Labour acknowledging that these parts could potentially be used in violations of international humanitarian law (IHL) in Gaza. This decision has sparked significant criticism from human rights organisations and legal experts who argue that it undermines the UK’s commitment to upholding international law and human rights.

F-35 exports are legal, says High Court

The case was brought forward by the Global Legal Action Network and the Palestinian human rights organisation Al-Haq, with support from Amnesty International, Human Rights Watch, and Oxfam.

They contended that the UK’s continued supply of F-35 components, which are part of a global spares pool accessible by Israel, makes the UK complicit in potential IHL violations committed by the Israeli military in Gaza.

UK industry makes 15% of every F-35, with the value of UK components in Israel’s F-35s estimated by CAAT to be well over £500m. This is by far the most significant part of the UK arms trade with Israel. At least 75 UK companies are involved in manufacturing components. For example, BAE Systems makes every rear fuselage for the F-35 and also makes its active interceptor system. Leonardo makes its targeting lasers and L3 Harris makes the weapons release cables.

Israel is using its 45 F-35s intensively to bomb the Palestinian people in Gaza, including using horrifically destructive 2,000lb bombs. By March this year, Israel had carried out 15,000 flight hours with the F-35 since the start of the war, using the planes in “beast mode”, with extra munitions attached to the wings.

A “cowardly ruling”

In their 72-page ruling, Lord Justice Males and Mrs. Justice Steyn stated that such matters are political and best left to the executive branch and Parliament, not the courts. They emphasised that the issue at hand was whether it is appropriate for the court to mandate the UK’s withdrawal from a multilateral defense collaboration, which ministers consider vital to national and international security, due to the possibility that UK-manufactured components might be used in serious IHL violations.

Critics argue that this ruling effectively allows the UK government to prioritise political and economic interests over its legal and moral obligations to prevent complicity in potential war crimes.

Campaign Against Arms Trade (CAAT’s) Media Coordinator Emily Apple said:

This is a cowardly ruling that absolves any responsibility from the court to rule on the UK government’s compliance with international law. International law exists to keep all of us safe. It should be the founding principle of our arms export criteria, not one the government can pick and choose when to implement.

Successive governments have claimed that our arms export licensing criteria are the most robust in the world. This claim is now in tatters.

This court ruling vindicates Palestine Action. Palestine Action are not terrorists – they have the courage our courts clearly lack. It shows the only option open to us is to take direct action against the arms trade, to stop the genocide profiteers in their tracks. We cannot rely on our institutions to uphold international law, we can only rely on ourselves and the power we have to create change.

When our government and our courts fail us, it is down to us, ordinary citizens, to take action. We cannot wait for the history books to vindicate us. We cannot wait for Israel to obliterate Gaza and the West Bank. We cannot wait and watch while Israel kills more Palestinian children with 2000lb bombs dropped by F-35s. We will not stand by and we will not stay silent while the government prioritises its relationship with a genocidal state and arms dealers’ profits over Palestinian lives.

A biased assessment

Furthermore, the government’s limited investigation into potential IHL breaches by Israeli forces raises concerns about the thoroughness and impartiality of its assessments.

Despite reports of at least 56,000 Palestinian deaths, the government identified only one case—the April 2024 World Central Kitchen strike—as a possible IHL violation. This narrow focus fails to account for the broader pattern of civilian casualties and destruction in Gaza.
theguardian.com

The ruling also highlights the UK’s significant role in the F-35 program, with British manufacturers supplying approximately 15% of the aircraft’s components. This involvement not only ties the UK economically to the program but also raises questions about the influence of defense industry interests on government policy decisions.

The government is committing war crimes with its F-35 exports

Human rights organisations and legal experts have expressed deep concern over the implications of this ruling. The International Centre of Justice for Palestinians (ICJP) said:

We are disappointed by the High Court’s refusal to grant permission for judicial review, but recognise the significant steps made in the course of this case so far. The Court accepted the government’s own finding that Israel is not committed to compliance with international humanitarian law (IHL). The Court accepted that there is a clear risk that UK-manufactured F-35 components may be used to commit or facilitate serious violations of IHL in Gaza. These findings are profoundly serious, and without Al-Haq’s claim the government may well have continued to deny these facts.

Yet despite those acknowledgements, the Court held that the legality of the UK’s decision to continue F-35 exports is not a matter that the courts can properly decide. We believe that the Court was wrong in law to conclude that the Geneva Conventions, the Genocide Convention, the Arms Trade Treaty, or customary international law are non-justiciable. The government must be held to account – in the Courts and in the court of public opinion – on these well-evidenced risks of atrocity crimes.

ICJP commends the efforts of Al-Haq, the Global Legal Action Network, interveners in this case, and those who provided their eyewitness testimony. Without them, the troubling reality may not have been exposed: that the UK government can acknowledge the risk of war crimes, admit the likely involvement of British-supplied weapons, and still continue exports to the perpetrators – shielded from judicial scrutiny.

ICJP remains committed to pursuing all available legal avenues to end the UK’s complicity in serious violations of international law. We have worked to support this case for over 18 months and will continue to do so should an appeal be launched.

In light of this decision, there is a growing call for greater transparency and accountability in the UK’s arms export policies. Critics urge the government to reassess its commitments and ensure that its actions align with its legal and moral obligations to prevent complicity in serious violations of international humanitarian law.

Featured image via the Canary