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Human rights

UK High Court Rejects Judicial Review of Arms Sales to Israel

Strategic Insights

— 1 min read

A challenge brought by Palestinian human rights group Al-Haq to the High Court has been rejected, with a 72-page judgment dismissing claims that the UK government's decision to continue supplying components for F-35 fighter jets to Israel was unlawful. The group argued that the continued supply of components risked facilitating serious violations of international humanitarian law, including genocide in Gaza. However, the court ruled that the issue was not for it to decide, citing the UK's commitment to democratic accountability and the executive's discretion in matters of national security.

Key Takeaways:

  • The High Court rejected all six claims brought by Al-Haq, citing lack of jurisdiction, the primacy of international relations and national security, and the discretion of the Secretary of State.
  • The court noted that Israel is already facing an ongoing charge of genocide at the International Court of Justice, and that questions of international relations and national security are not for the courts to decide.
  • The decision to continue supplying components for F-35 fighter jets to Israel was made on the grounds of national security and the potential consequences of withdrawing from the F-35 Programme.
  • The court found that the Secretary of State did not exceed his legal powers, and that the Strategic Export Licensing Criteria (SELC) allow for exceptions in cases where there is no evidence that exports will definitely facilitate breaches of international law.
  • The High Court did not make a finding on whether Israel was committing genocide or not, citing the issue as a matter of international law already before the International Court of Justice.
  • The court acknowledged that there was serious concern about the potential for genocide in Gaza, but noted that the available evidence did not meet the high threshold for determining genocidal intent.

Statistics:

  • 72-page judgment dismissing claims brought by Al-Haq.
  • 6 grounds argued by Al-Haq, including that the carve out breached the UK's commitments under international law and that the Secretary of State exceeded his powers.
  • 4 countries involved in the F-35 Joint Strike Fighter Programme, including the UK, US, Italy, and Norway.
  • Israel is a customer of the programme, purchasing fighter jets from participating nations.

Sources:

  • Al-Haq
  • Amnesty International UK
  • Human Rights Watch
  • Oxfam
  • UK Government
  • High Court of England and Wales

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