Berliner Tageblatt - NGO loses bid to block UK export of military equipment to Israel

Israel has used the jets to devastating effect in its bombardment of Gaza.

Both sides have been accused of atrocities during a conflict that has killed tens of thousands -- the vast majority of them Palestinian civilians, according to figures the United Nations deems reliable.

The UK government suspended some export licences for military equipment after concluding there was a risk Israel could be breaching international humanitarian law but made an exemption for some parts for Lockheed Martin F-35 stealth jets.

In its claim to the High Court, rights group Al-Haq called for a judicial review, saying the "carve out" was unlawful and alleging the government had misunderstood the applicable rules of international law.

It was supported by Amnesty International, Human Rights Watch, Oxfam and others in its case.

Judges Stephen Males and Karen Steyn said they "reject all" of the grounds for challenging the government's decision.

The case was not about "whether the UK should supply arms or other military equipment to Israel", said the judges.

Rather, the case was concerned with "whether it is open to the court to rule that the UK must withdraw from a specific multilateral defence collaboration" because of the prospect that some UK manufactured components may be used by Israel in the Gaza war in actions that could break international humanitarian law.

"Under our constitution that acutely sensitive and political issue is a matter for the executive, which is democratically accountable to parliament, and ultimately to the electorate, not for the courts," said the judges.

"Once the true nature of the issue is identified, it is clear that the claim must fail. Accordingly, permission to bring a judicial review claim is refused," they added.

Shawan Jabarin, General Director of Al-Haq said in a statement issued to AFP: "By exposing serious government failings in facilitating international crimes against Palestinians through its arms exports, civil society and human rights organisations have achieved a crucial breakthrough.

"We will continue to persevere in the UK and beyond until governments are held accountable. Israel's impunity is challenged and justice for the Palestinian people is realised," he added.

- 'Loophole' -

The UK contributes components to an international defence programme that produces and maintains the F-35s.

Defence Secretary John Healey argued a suspension would impact the "whole F-35 programme" and have a "profound impact on international peace and security".

Lawyers for Al-Haq said the government had known there was a "clear risk" Israel would use the jet parts to commit violations of international law.

But government lawyer James Eadie said the court was not placed to rule on the legality of Israel's actions, and that attempting to do so could have a "potentially deleterious" effect on "foreign relations with a friendly state, namely Israel".

In September 2024, the new Labour government announced it was suspending around 30 of 350 export licences following a review of Israel's compliance with international humanitarian law.

But the partial ban did not cover British-made F-35 parts, which include refuelling probes, laser targeting systems, tyres and ejector seats, according to Oxfam.

Healey has previously said suspending F-35 licences would "undermine US confidence in the UK and NATO" but lawyers for Al-Haq have described the exemption as a "loophole".

UK-based NGO Campaign Against Arms Trade has said that licencing figures showed the government had made a "shocking increase in military exports to Israel" in the months after its September 2024 announcement of partial suspensions.

It said the figures showed the UK approved £127.6 million ($170 million) in military equipment to Israel in single-issue licences from October to December 2024, saying this was more than for the period from 2020 to 2023 combined.

Most of the licences were for military radars, components and software, as well as targeting equipment, according to the NGO, which was involved in the case against the government.

Israel launched war on Gaza after an attack by militants from Palestinian group Hamas on October 7, 2023, which resulted in the deaths of 1,219 people, mostly civilians, according to an AFP tally based on Israeli official figures.

Israel's retaliatory campaign has killed at least 56,500 people in Gaza, an occupied Palestinian territory, most of them civilians, according to the territory's health ministry.

The UN considers these figures to be reliable.

D.Schneider--BTB