A Palestinian human rights organization, Al-Haq, is taking legal action against the U.K. government in a bid to stop the export of parts for F-35 fighter jets to Israel. The group argues that a carve-out for these exports is unlawful and exacerbates the ongoing humanitarian crisis in Gaza.
Al-Haq, represented by Raza Husain KC, presented its case on Tuesday before the High Court, asserting that the U.K. government’s decision to allow the continued export of components for F-35 aircraft violates international law, including the Geneva Convention and the Genocide Convention. The organization maintains that the export licenses to Israel should be suspended in light of the “human calamity” unfolding in Gaza.
“This hearing is set against the backdrop of a human calamity of unimaginable proportions,” said Raza Husain KC. “Over 55,000 Palestinians have been killed in Gaza between October 2023 and April 2024, with the true toll potentially much higher due to the destruction of institutions that record casualties.”
The legal proceedings come amid widespread concerns over the conduct of the Israeli military in Gaza. Al-Haq claims that Israel’s actions amount to genocide, referencing public statements made by Israeli officials that refer to Palestinians in dehumanizing terms. In its submission to the court, Al-Haq contends that the U.K. government’s decision to continue arms exports contradicts the country’s international obligations to prevent genocide.
The case is also supported by Zac Sammour of 11KBW, who argued that the U.K. government has made a legal error by assuming it can only act if an international court definitively rules on the occurrence of genocide. “The U.K. is under an obligation to prevent genocide, even if it can only reduce the scale of the crime by a small amount,” Sammour said.
In response, the U.K. government, represented by James Eadie KC, counters that it is not the role of domestic courts to decide whether Israel has breached international law. The government further argues that suspending arms licenses would harm the international defense program and impact global security, particularly with regard to the F-35 fighter jet program.
The hearing, taking place before Judges Stephen Males and Karen Steyn, continues this week, with a final decision expected by Friday. The case, The King (on the application of Al Haq) v. Secretary of State for Business and Trade, is being closely watched as it highlights the intersection of international law, human rights, and global arms trade.
