Berliner Tageszeitung - Rights groups take UK govt to court over Israel arms sales

Supported by Amnesty, Human Rights Watch, Oxfam and others, the Palestinian rights association Al-Haq is seeking to stop the government's export of UK-made components for Lockheed Martin F-35 fighter jets.

Israel has used the US warplanes to devastating effect in Gaza and the West Bank -- both Israeli-occupied Palestinian territories -- and the head of Amnesty UK said Britain had failed to uphold its "legal obligation... to prevent genocide" by allowing the export of key jet parts to Israel.

Around 50 protesters gathered outside court ahead of the hearings, waving Palestinian flags and placards with the words "STOP ARMING ISRAEL: STOP THE GENOCIDE".

The plane's refuelling probe, laser targeting system, tyres, rear fuselage, fan propulsion system and ejector seat are all made in Britain, according to Oxfam, and lawyers supporting Al-Haq's case said the aircraft "could not keep flying without continuous supply of UK-made components".

Opening their case against the government, lawyers said the UK's trade department had allowed exports of F-35 parts knowing there was a "clear risk" they would be used to commit violations of international law.

It is not certain when a decision could be made following the four-day hearing at London's High Court, which marks the latest stage in a long-running legal battle.

Lawyers for the Global Action Legal Network (GLAN) have said they launched the case soon after Israel's assault on Gaza began, following the October 7, 2023, attack in Israel by militants from Hamas.

Israel has repeatedly denied accusations of genocide.

The lawyers said the UK government had decided in December 2023 and again in April and May 2024 to continue arms sales to Israel, before suspending licences in September 2024 for weapons assessed as being for military use by the Israeli army in Gaza.

The new Labour government suspended around 30 licences following a review of Israel's compliance with international humanitarian law.

But the partial ban did not cover British-made parts for the advanced F-35 stealth fighter jets.

A UK government spokesperson told AFP it was "not currently possible to suspend licensing of F-35 components for use by Israel without prejudicing the entire global F-35 programme, due to its strategic role in NATO and wider implications for international peace and security".

"Within a couple of months of coming to office, we suspended relevant licences for the IDF (Israeli Defense Forces) that might be used to commit or facilitate serious violations of International Humanitarian Law in Gaza," they said.

- 'UK not a bystander' -

The government insisted it had "acted in a manner consistent with our legal obligations" and was "committed to upholding our responsibilities under domestic and international law".

But GLAN described the F-35 exemption as a "loophole" which allowed the components to reach Israel indirectly through a global pooling system.

Charlotte Andrews-Briscoe, a lawyer for GLAN, told a briefing last week the UK government had "expressly departed from its own domestic law in order to keep arming Israel", with F-35s being used to drop "multi-ton bombs on the people of Gaza".

The 2023 attack in southern Israel by militants from Palestinian group Hamas resulted in the deaths of 1,218 people, mostly civilians, according to an AFP tally based on official figures.

Israel's retaliatory offensive has killed at least 52,862 people in Gaza, mostly civilians, according to the territory's health ministry, whose figures the United Nations deems reliable.

The figure includes at least 2,749 who have died since Israel ended a two-month ceasefire in mid-March.

"Under the Genocide Convention, the UK has a clear legal obligation to do everything within its power to prevent genocide," said Sacha Deshmukh, Amnesty International UK's chief executive.

"Yet the UK government continues to authorise the export of military equipment to Israel -- despite all the evidence that genocide is being committed by Israel against the Palestinian people in Gaza.

"This is a fundamental failure by the UK to fulfil its obligations."

Al-Haq's general director Shawan Jabarin said: "The United Kingdom is not a bystander. It's complicit, and that complicity must be confronted, exposed and brought to account."

A. Walsh--BTZ