Glaring accountability gap revealed in arms case High Court judgment

• Judgment in Al-Haq’s historic long-running claim against the U.K. government for its continued licensing of F-35 parts into the global supply reaching Israel. The Court has not upheld Al-Haq’s claim.  
  

Today, the UK High Court delivered judgment in Al-Haq’s claim against the U.K. government for its continued licensing of F-35 parts into the global supply chain. The court stated that it could not find any legal flaws in the government’s decision-making and that certain parts of the challenge were non-justiciable, meaning that they are not matters for the Courts. Leaving the question, who is the UK government accountable to in matters of international law? Who is there to ensure its obligations under domestic law and the Geneva Conventions – including its duty to prevent genocide are met?   In the judgment the Court stated: "Under our constitution to the judgment of the executive which is democratically accountable to Parliament and the electorate. It is not for a domestic court to decide whether the decision of the executive on that issue is in accordance with unincorporated treaties operating on the plane of international law." 

Dearbhla Minogue, Senior Lawyer, Global Legal Action Network (GLAN) said: "Today the High Court delivered judgment in one of the most important cases ever taken in the UK and declined to uphold Al-Haq's case. The judgment is a regrettable setback in Al-Haq's fight for compliance by all states with international law in their relations with Israel. We are undeterred - our long legal battle with Al-Haq has already achieved a great deal and shown the power of human rights and civil society organisations to hold States accountable.  In September 2024, the case forced them to suspend the direct weapons licenses to Israel that could be used in Gaza- a significant win. We are disappointed that the F-35 carve-out decision has not been struck down, but our fight does not end today. This challenge is just one part of the continuing fight for accountability, justice, and an end of the occupation. The situation in Gaza is an affront to international law. It is an affront to our shared humanity. The UK Government can still decide to act, and it must! It must do everything it can to stop the genocide, rather than enable it.”  

Shawan Jabarin, General Director of Al-Haq said: “This long-running case has delivered significant impact throughout its course, including contributing to the government’s partial suspension of direct license exports of weapons to Israel, notably F-35 components. By exposing serious government failings in facilitating international crimes against Palestinians through its arms exports, civil society and human rights organisations have achieved a crucial breakthrough, and we will continue to persevere in the UK and beyond until governments are held accountable, Israel’s impunity is challenged, and justice for the Palestinian people is realised. Despite the outcome of today, this case has centred the voice of the Palestinian people and has rallied significant public support, and it is just the start. This is what matters, that we continue on all fronts in our work to defend our collective human values and work towards achieving justice for the Palestinians. The context of this case comes, as genocide rages on in Gaza - after 77-years of settler-colonial apartheid and occupation – this is why we urge citizens, MPs, and civil society to make the government accountable so its upholds its obligations to prevent genocide under international law."  

The challenge was launched in December 2023 by Palestinian human rights organisation Al-Haq and Global Legal Action Network (GLAN). 

The court’s decision was published online at 10.30am on Monday 30 June National Archives website.