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In a recent decision, the UK’s High Court dismissed a case brought forth by campaigners seeking to prevent the transfer of all British-made spare parts for US-produced F-35 fighter jets to Israel. The court stated that it did not possess the constitutional authority to intervene in the matter. Last September, the government had halted around 30 arms export licenses to Israel due to concerns about the potential misuse of UK-made weapons in Gaza. Despite this, the UK still contributes components to a global pool of F-35s accessible to Israel, with the government arguing that withdrawing from the defense program could jeopardize international peace.
Amnesty International and Human Rights Watch voiced their disappointment with the ruling, highlighting the dire situation in Gaza where civilians are facing devastation and displacement. The judges clarified that the case did not question the UK’s decision to provide arms to Israel, as the government had already determined against it. Their focus was on whether the UK should withdraw from a specific defense collaboration to prevent UK-manufactured parts from being used unlawfully in the conflict in Gaza, a decision they deemed best left to the executive branch rather than the courts.
Despite pressure from human rights organizations, UK industry continues to contribute significantly to the manufacturing of F-35 jets. Oxfam condemned the sale of components for these jets, knowing they could be used to harm civilians and critical infrastructure in Gaza. The legal challenge was mounted by al-Haq and the Global Legal Action Network against the Department for Business and Trade, underscoring the ethical dilemmas surrounding defense collaborations with Israel. While the court upheld the government’s decision, concerns persist about the implications for international law and the treatment of Palestinians in Gaza. The government has committed to reviewing its defense export licensing process, prompting further considerations among human rights advocates for a potential appeal
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