UK Government to Argue F-35 Jet Programme Takes Precedence Over Arms Export Controls in High Court Case

Strategic Insights -

The UK government's decision to continue supplying parts for the F-35 jet fighter programme to Israel, despite the risk of them being used to commit serious violations of international humanitarian law, will be tested in the high court this week. The case, brought by Palestinian human rights group Al-Haq, argues that the UK's continued supply of F-35 components breaches its own arms export control laws. The UK government has acknowledged this breach, but will argue that the maintenance of the global F-35 supply chain is of paramount importance and that parts are not being supplied directly to Israel.

Key Takeaways:

  • The UK government has acknowledged that its supply of F-35 components to Israel is in breach of its own arms export control laws.
  • The laws state that arms export licences must not be granted "if there is a clear risk those items might be used to commit or facilitate a serious violation of international humanitarian law by Israel".
  • The UK government will argue that the maintenance of the global F-35 supply chain is of paramount importance and that parts are not being supplied directly to Israel.
  • Al-Haq, supported by a raft of British human rights groups, claim that it is possible for the government to stop British-made parts for F-35s being supplied to Israel without affecting the global programme.
  • Charlotte Andrews-Briscoe, a Glan lawyer, underlined the importance of the F-35s to the Israeli war effort, describing their impact as "catastrophic and continuing".
  • The UK government's lawyers say the supply of F-35 components is necessary for Nato's peace and security, but critics argue that this is a weak excuse for breaching arms export laws.
  • The high court case has already had an impact, with the UK suspending some arms export licences in September 2020, just before it was due to appear in court to defend the continued arms export licences to Israel.

Statistics:

  • The UK supplies 15% of the value of the F-35 jet, including ejector seats, rear fuselage, active interceptor systems, targeting lasers and weapon release cables, mainly through British Aerospace.
  • The UK is the second-largest supplier of spare parts for the jet after the US.
  • Since 7 October 2020, Israeli pilots have undertaken 15,000 flight hours and 8,000 missions in support of the Israeli war effort in Gaza.
  • The Israeli campaign has killed more than 52,000 people and reduced much of the territory to ruins.
  • The dead in airstrikes in March included 183 children and 94 women, Palestinian officials said.
  • In September 2020, 41,000 Palestinians had been killed in Gaza, including 15,000 children, and 1.9 million people had been displaced, the vast majority forcibly, while 60% of the residential property had been destroyed.

Sources:

  • Al-Haq
  • Amnesty
  • Human Rights Watch
  • Oxfam
  • Global Legal Action Network (Glan)
  • The Guardian
  • The Independent
  • BBC News