Judges rule against human rights groups' claim that UK is illegally arming Israel
Human rights groups lost their legal challenge Monday to the British government's decision to supply Israel with parts for F-35 fighter jets and other military equipment.
The Palestinian group Al-Haq and the UK-based Global Legal Action Network alleged that the government broke domestic and international law and was complicit in atrocities against Palestinians by allowing essential components for the warplanes to be supplied to Israel.
The government last year suspended about 30 of 350 existing export licenses for equipment deemed to be for use in the conflict in Gaza because of a 'clear risk' the items could be used to violate international humanitarian law. Equipment included parts for helicopters and drones.
But an exemption was made for some licenses related to components of F-35 fighter jets, which are indirectly supplied to Israel through the global spare parts supply chain and have been linked to bombing the Gaza Strip.
While rights groups argued the UK shouldn't continue to export parts through what they call a 'deliberate loophole' given the government's own assessment of Israel's compliance with international humanitarian law, the government said the parts were distributed to a collaboration involving the U.S. and six other partners to produce the jets.
Components manufactured in the UK are sent to assembly lines in the U.S., Italy and Japan that supply partners — including Israel — with jets and spare parts, the court said.
Two High Court judges ruled that the issue was one of national security because the parts were considered vital to the defense collaboration and the UK's security and international peace. They said it wasn't up to the courts to tell the government to withdraw from the group because of the possibility the parts would be supplied to Israel and used to violate international humanitarian law in Gaza.
'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," Justices Stephen Males and Karen Steyn wrote in a 72-page judgment.
Compared with major arms suppliers such as the U.S. and Germany, British firms sell a relatively small amount of weapons and components to Israel. The Campaign Against Arms Trade nonprofit group estimates that the U.K. supplies about 15% of the components in the F-35 stealth combat aircraft, including its laser targeting system.
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