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The British high court judged that the government’s decision to authorize the export of Lockheed Martin F-35 jet parts to Israel is legal despite their acceptance that they could be used in violation of international humanitarian law.
In a 72 -page decision on Monday, judges Stephen Males and Karen Steyn said the case concerned a “much more targeted problem” than the jet parties.
“This question is whether it is open to the court to rule that the United Kingdom must withdraw from a specific multilateral collaboration … Due to the prospect that certain components manufactured in the United Kingdom will be or could ultimately be provided in Israel, and could be used in the Commission for a serious violation of international humanitarian law in the conflict in Gaza,” said the decision.
“Under our constitution, this extremely sensitive and political question is a question for the executive, which is democratically responsible for the Parliament and, ultimately, to the electorate, not for the courts,” he added.
Currently, the United Kingdom contributes to the components of the F-35 to an international defense program that produces bombers.
But the Palestinian Human Rights Organization Al-HaqBased in an occupied West Bank, brought a legal action in January against the Department of the United Kingdom for Business and Trade (DBT) about its decision to exempt the documents when it suspended certain export licenses in September of last year.
During a hearing in May, Al-Haq said that the government’s decision to send the jet parts was illegal because it “caused a significant risk of facilitating crime.”
In the same month, defense secretary John Healey said the suspension would affect the “F-35 whole program” and would have a “deep impact on international peace and security”.
After Monday’s decision Shawan Jabarin, the chief of Al-Haq, said: “Despite the outcome of today, this affair focused the voice of the Palestinian people and joined significant public support, and that is only the beginning.”
“By exposing serious government failures in the facilitation of international crimes against the Palestinians through its arms exports, civil society and human rights organizations have reached a crucial breakthrough, and we will continue to persevere in the United Kingdom and beyond until the governments are held responsible, he added that Israel is disputed and Palestinian, ”he added.
‘Blow on effect’
Reporting from London, Milena Veselinovic from Al Jazeera said that the construction of an F-35 fighter plane is part of a “global program” where many nations build different parts, and they are all manufactured in different countries.
“Great Britain is about 15% of each Jet F-35, however, it does not make these parts specifically for Israel,” said Veselinovic.
“So what the United Kingdom was disputed is that if they prevent these pieces from being exported which could have an effect on the entire international program, it would have an impact on the supply chain, it would have an impact on their NATO allies, even on capacity, they declared, for Ukraine to defend itself against the invasion of Russia,” she said.
However, Al-Haq argued that by building the parts of the World Basin, the United Kingdom was in violation of international law, including the Geneva Convention, due to the use of weapons in Gaza.
“But the high court was attached with the rejection of the government and accepted the United Kingdom’s argument that it was a strategic objective despite the fact that this could mean that the United Kingdom is also in violation of international law,” added Veselinovic.
Export licenses
In September of last year, the Minister of Foreign Affairs, David Lammy, announced that the government suspended 30 of the 350 export licenses Articles used during the War of Israel in Gaza after examining its compliance with international humanitarian law.
However, according to the World Plaidal Organization Oxfam International, which joined the case of Al-Haq against the DBT, the partial prohibition did not include the British manufacturing F-35 parts, including supply probes, laser targeting systems, tires and ejector seats.
In addition, a report of Pro-Palestine activists groups Finded in May that despite the suspension, military articles continued to be exported to Israel.
Since the start of the war in October 2023, Israeli attacks have killed at least 56,500 people and injured 133,419 others.
