A Palestinian human rights organisation has lost a High Court challenge over the Government’s decision to continue exporting parts of fighter jets to Israel amid the conflict in Gaza.
Al-Haq took legal action against the Department for Business and Trade (DBT) over its decision to continue licensing exports of components for F-35 fighter jets, telling a hearing in May that it was unlawful and “gives rise to a significant risk of facilitating crime”.
In September last year, the Government suspended export licences for weapons and military equipment following a review of Israel’s compliance with international humanitarian law in the conflict.
But an exemption was made for some licences related to parts for F-35s, which are part of an international defence programme.
The DBT defended the challenge, with its barristers telling a four-day hearing in London that the carve-out is “consistent with the rules of international law”.
In a 72-page ruling on Monday, Lord Justice Males and Mrs Justice Steyn said the case was about a “much more focused issue” than the carve-out itself.
The judges continued: “That issue is whether it is open to the court to rule that the UK must withdraw from a specific multilateral defence collaboration which is reasonably regarded by the responsible ministers as vital to the defence of the UK and to international peace and security, because of the prospect that some UK manufactured components will or may ultimately be supplied to Israel, and may be used in the commission of a serious violation of international humanitarian law in the conflict 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.”