THE Labour Government has argued there is “no world” in which they would ever end the export of F-35 parts despite the jets being used in Gaza, lawyers have said.
Legal experts with the Global Legal Action Network (GLAN) and the Palestine-based Al-Haq called out the UK Government’s rhetoric amid an ongoing High Court case centred on the weapons exports.
Last September, the Labour administration ended around 30 out of 350 export licences to Israel after concluding that there was “a clear risk certain military exports to Israel might be used in violations of international humanitarian law [IHL]”.
The UK’s Strategic Export Licensing Criteria (SELC) prohibits export licenses if there is a "clear risk" that items might be used to commit serious violations of international law. However, Labour decided to continue F-35 exports despite also concluding that this clear risk existed.
GLAN and Al-Haq are seeking a judicial review of the government’s decision-making process with a view to ending arms exports to Israel, with proceedings ongoing.
In its defence at the High Court, the Labour Government has essentially argued that ending F-35 exports to the global supply pool would put world peace at risk, legal experts with the groups say.
Labour submitted defence arguments in December, which the human rights groups say show the UK Government has “doubled down” on its position that “protecting global sales of F-35s takes precedence over its obligation to protect human life in Gaza”.
The UK Government said that the interests of international peace and security is a “matter of such gravity that it would have overridden any [...] further evidence of serious breaches of IHL”.
Al-Haq called this “clearly an extreme position”. In a reply to the Government defence, the Palestinian group said Labour “are effectively saying that there is no world in which the supply of F-35 components would be suspended”.
Gearóid Ó Cuinn, GLAN’s director, said: “The UK has made it clear that Israel can commit whatever depraved atrocity it pleases in Palestine, and nothing will stop the supply of British war plane components.
“The Government has shamelessly and openly put US interests and the contracts protecting arms manufacturers above its own international legal obligations.”
Shawan Jabarin, Al-Haq’s general director, added: “It is outrageous that, despite acknowledging the clear risk that F-35 components could be used by Israel to commit serious violations of international law, including genocide, the Government continues to export the components.
“In doing so, the UK Government is displaying utter contempt for Palestinian life and the fundamental principles of international law.”
Neither the UK Government’s Foreign Office nor the Business and Trade Department, both of which hold responsibility over arms exports, responded to a request for comment.
The High Court of England and Wales is expected to decide how the case can proceed later this week.
