No human rights concern would stop UK selling F-35 parts for Israel, say NGOs

Labour ministers have effectively determined there is no human rights concern that could justify halting the sale of F-35 fighter jet parts that could be used by Israel in Gaza, according to a legal submission from two campaign groups.

Lawyers representing the NGOs Al-Haq and Global Legal Action Network (GLAN) argue the UK government has concluded that the UK has to continue supplying F-35 parts in all circumstances, otherwise Nato air defence against Russia could be compromised.

The claim comes in a new document submitted on behalf of the campaign groups as part of a judicial review attempt to force the UK to halt all exports to Israel related to F-35s on human rights grounds, because of the impact on civilians of bombing in Gaza.

If F-35s using British parts were used “by Israel or senior Israeli officials to commit or facilitate serious violations” of humanitarian law, lawyers for the campaigners argue, ministers “would not even take them into account”.

Their position is based on a previous submission from the government’s legal team. That said the UK accepts that the UK-made components for F-35 jets “might be used” by Israel to commit war crimes.

But, the government argues, the continued export of F-35 components was nevertheless justified for wider reasons of “international peace and security”, because the fighter jets parts are supplied to a wider pool of countries as well as Israel.

Shawan Jabarin, Al-Haq’s general director, accused the government of displaying “utter contempt” for Palestinian life.

“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,” Jabarin added.

There were more than 1,000 F-35 jets operating globally, and many were operating on behalf of Nato, the government submission argued, and the aircraft was a significant element in western defence “in particular against Russia”.

In September, Labour said it would suspend 30 out of 350 arms export licences to Israel, arguing there was a “clear risk” the equipment could be used to commit serious violations of international law.

But components for F-35 fighters jet were exempted because, the foreign secretary, David Lammy, said, the planes were manufactured as part of a global programme. That prompted the campaign groups to challenge the decision.

The campaigners also argue that the government has not proved that it would be impossible to prohibit the export of F-35 parts to Israel simply by informing other manufacturers that UK-made parts must not be provided to Israel.

F-35s are made by a global consortium led by the US defence giant Lockheed Martin. British firms supply 15% of the parts as part of an international agreement involving the US and six other countries in 2006 and 2021.

The UK has blocked licences supplying arms for Israel’s offensive use in Gaza solely on the grounds of potential maltreatment of Palestinian detainees and Israel’s controls on the supply of humanitarian aid into Gaza.

It has refused to come to a judgment on allegations that Israel has used disproportionate force, exposing a potential future gap in UK arms legislation.

At the same time, Lammy has acknowledged: “Israel’s actions in Gaza continue to lead to immense loss of civilian life, widespread destruction to civilian infrastructure, and immense suffering.”

The UK also says the nature of the Gaza conflict makes it impossible for ministers to judge whether Israel is acting in breach of international humanitarian law (IHL) or using disproportionate force in the way that it has been seeking to defeat Hamas militarily inside Gaza.

In setting out why the government cannot come to a view about whether Israel is breaching international humanitarian law in its military operations in Gaza, the government points to difficulties in accessing timely, sensitive military information, including targeting information, perceived military advantage and necessity.

It says as a result it is unlikely the specialist Foreign Office IHL cell would be able to reach “a conclusive IHL judgment in relation to the majority of incidents”. A total of 47,000 Palestinians have been killed in Gaza since the start of the Israel-Hamas war on in October 2023, according to the territory’s ministry of health.

The high court will determine how the case should proceed, with a decision expected later this week.