NGO says no human rights concerns will stop UK selling F-35 parts to Israel Israel-Gaza war

According to legal documents filed by two campaign groups, the labor minister has in fact determined that there are no human rights concerns to justify halting the sale of parts for Israel's F-35 fighter jets that could be used in Gaza.

Lawyers representing the non-governmental organizations Al-Haq and the Global Legal Action Network (GLAN) believe that the British government has concluded that the UK must continue to supply F-35 parts under any circumstances, otherwise NATO’s air defense system against Russia may will be damaged.

The claims emerge in a new document submitted on behalf of campaign groups as part of a judicial review seeking to force the UK to halt all F-35-related exports to Israel on human rights grounds following bombings in Israel impact on civilians. Gaza.

Lawyers for the campaigners argued that ministers “would not even consider them” if “Israel or senior Israeli officials use F-35s using British components to commit or facilitate serious violations of humanitarian law”.

Their position is based on previous submissions from the government's legal team. Nonetheless, the UK admitted that British-made F-35 fighter jet parts “could be used by Israel to commit war crimes.”

But the government believes continued exports of F-35 parts are justified for broader reasons of “international peace and security”, as fighter parts are supplied to a wider range of countries as well as Israel.

Chawan Jabalin, the director-general of Al-Haq, accused the government of showing “utter contempt” for Palestinian life.

“It is outrageous that the government continues to export F-35 parts despite Israel acknowledging the clear risk that they could be used by Israel to commit serious violations of international law, including genocide,” Jabalin added.

There are more than 1,000 F-35 jets operating around the world, many on behalf of NATO, and the aircraft are an important part of Western defense “particularly against Russia,” the government filing said.

In September, Labor said it would suspend the export of 30 of 350 weapons to Israel, saying the equipment posed a “clear risk” and could be used to commit serious breaches of international law..

But Foreign Secretary David Lamy said parts for the F-35 fighter jets were exempt because the planes were built as part of a global programme. This prompted campaign groups to question the decision.

Activists also argue that the government has not proven that it is impossible to ban the export of F-35 parts to Israel simply by telling other manufacturers not to supply British-made parts to Israel.

The F-35 is built by a global consortium led by US defense giant Lockheed Martin. British companies supplied 15% of components as part of an international agreement involving the United States and six other countries in 2006 and 2021.

The UK has blocked licenses for the supply of weapons to Israel for offensive use in Gaza solely on the grounds of possible abuse of Palestinian detainees and Israeli controls over the delivery of humanitarian aid to Gaza.

Britain's refusal to judge Israel's claims of excessive use of force has exposed possible future loopholes in British arms legislation.

At the same time, Lamy acknowledged: “Israeli operations in Gaza continue to cause massive loss of civilian life, widespread damage to civilian infrastructure and immense suffering.”

The UK also said the nature of the conflict in Gaza made it impossible for ministers to judge whether Israel's actions breached international humanitarian law (IHL) or used disproportionate force in an attempt to militarily defeat Hamas inside Gaza.

In laying out why the administration was unable to reach a consensus on whether Israel's military operations in Gaza violated international humanitarian law, the administration cited difficulties in obtaining timely, sensitive military information, including targeting information, perceived military advantage and necessity.

As a result, the Ministry of Foreign Affairs' specialized international humanitarian law panel is unlikely to “make conclusive IHL judgments on most incidents,” the report said. According to the region's health ministry, 47,000 Palestinians have been killed in Gaza since the war between Israel and Hamas began in October 2023.

The High Court will decide how the case proceeds, with a decision expected later this week.