Daijiworld Media Network – London

London, Nov 13: A Palestinian human rights organisation, Al-Haq, has been denied permission by the UK Court of Appeal to challenge a ruling that found indirect exports of British-made F-35 fighter jet components to Israel to be lawful.

In June, Al-Haq had unsuccessfully contested the UK government’s decision to exempt F-35 components from a wider suspension of export licences to Israel imposed last year. The group argued that the exemption violated international humanitarian law, given Israel’s alleged use of F-35 jets in Gaza and other conflict zones.

However, London’s High Court ruled that the issue was “acutely sensitive and political”, observing that decisions on national security and defence cooperation rest with the executive branch, which is accountable to Parliament and the electorate — not the judiciary.

The court further held that the UK could not unilaterally halt the export of components used in F-35 aircraft, citing “extraordinarily serious impacts for the UK and international peace and security” that might arise from any withdrawal from the multinational fighter jet programme.

Following the setback, Al-Haq sought permission from the Court of Appeal in October to apply for judicial review, but the judges refused, reiterating that it was for the UK government to determine whether national security interests outweighed concerns raised by the foreign secretary regarding Israel’s compliance with humanitarian law.

In September 2024, the Labour government suspended around 30 export licences for UK-made arms after a review by the foreign secretary. While the suspension included direct F-35 exports to Israel, a loophole known as the “F-35 carve-out” allowed components to be sent to a global pool accessible to Israel.

The UK contributes approximately 15 percent of the components used in every F-35 fighter jet — one of the world’s most advanced combat aircraft. Israel has used F-35s extensively in its military campaigns in Gaza, Lebanon, and Iran.

Although the High Court acknowledged that the UK government had not applied its Strategic Export Licensing Criteria (SELC) — the framework governing arms exports — when authorising the carve-out, it held that the decision was a “specific measure in an exceptional case.”

Reacting to the ruling, Yasmine Ahmed, UK Director of Human Rights Watch, expressed deep disappointment. “There remains a very real risk that UK components are being used in the commission of Israeli war crimes. As long as that risk exists, the UK risks breaching not only international law but also its own domestic licensing rules,” she said.

Ahmed further criticised the government’s approach, remarking, “Human rights concerns are playing second fiddle to protecting lucrative arms deals. We have seen that play out in the government’s defence of selling F-35 components to Israel and in new arms agreements with countries like Turkey.”