A group of nonprofits has recently faced a setback in their efforts to halt the United Kingdom's exportation of fighter jet parts to Israel. In a ruling delivered on Monday, judges clarified that the authority regarding arms exports falls under the jurisdiction of the government, rather than the court system, describing the matter as “acutely sensitive and political.”
The government, which had partially suspended arms sales to Israel last September—freezing 30 out of 350 active licenses—stated that this action stemmed from concerns over the potential misuse of British arms in conflict zones, particularly in Gaza. However, licenses were maintained for armaments deemed not involved in the ongoing war, as well as components for the multinational F-35 fighter jet program that includes Israel among other users. Officials have deemed this program crucial for international security.
Legal action was taken by Al-Haq, a Palestinian rights organization headquartered in the West Bank, alongside the Global Legal Action Network based in London, with support from prominent entities like Amnesty International, Oxfam, and Human Rights Watch. During proceedings at the High Court of England and Wales, these organizations contended that the continued export of F-35 components to Israel infringed on the UK’s commitments to the Geneva Conventions and obligations to avert genocide and civilian-targeted violence.
Despite the defense put forth by the nonprofits, the High Court concluded it lacked the authority to ascertain whether Israel’s actions in Gaza could be classified as war crimes or genocide. Instead, it determined that such matters regarding the F-35 program's continuation were to be resolved by government ministers, positioning the issue firmly in the political domain.
