UK High Court rules export of F-35 parts to Israel was lawful

Israeli F-35 fighter jets return to the Nevatim Airbase after carrying out an airstrike in Yemen, July 20, 2024. (Israel Defense Forces)
Israeli F-35 fighter jets return to the Nevatim Airbase after carrying out an airstrike in Yemen, July 20, 2024. (Israel Defense Forces)

Britain’s decision to allow the export of F-35 fighter jet components to Israel, despite accepting they could be used in breach of international humanitarian law in Gaza, was lawful, London’s High Court rules.

Al-Haq, a group based in the West Bank, had taken legal action against Britain’s Department for Business and Trade over its decision to exempt F-35 parts when it suspended some arms export licenses last year.

The United Kingdom had assessed that Israel was not committed to complying with international humanitarian law, in relation to humanitarian access and the treatment of detainees, as the basis for its decision.

But Britain decided to “carve out” F-35 licenses, with the government saying suspending those licenses would disrupt a global program that supplies parts for the aircraft, with a knock-on impact on international security.

Any such disruption would “undermine US confidence in the UK and NATO,” the Ministry of Defense said.

Al-Haq argued at a hearing last month that the decision was unlawful as it was in breach of Britain’s obligations under international law, including the Geneva Convention.

But the High Court dismissed the group’s challenge in a written ruling.

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