High Court allows legal fight to end UK arms exports to Israel to progress to full hearing

31.01.25: The High Court has ruled that a 3-4 day expedited hearing should be set in May to decide Al-Haq’s challenge to the government’s decision in September to (i) keep supplying F-35 parts to Israel indirectly (the ‘F-35 Carve Out Decision’), and (ii) keep supplying equipment that the government did not assess were capable of being used in the conflict in Gaza: - despite finding that Israel is not committed to complying with international humanitarian law.

At a procedural hearing today, a provisional date of 12th May was set for the hearing, having been agreed to by all parties. This is subject to change until a written order is received from the Court.

In its judgment the Court noted:

• Since 2 September 2024, the Government has been unequivocal in its assessment that Israel is not committed to complying with IHL and that, accordingly, there is a clear risk of a serious violation of IHL by Israel in Gaza, including in the conduct of hostilities.

• The Government argue the F-35 ‘Carve-Out’ decision involved balancing (i) the clear risk that F-35s with UK supplied components might commit serious violations of IHL in Gaza against (ii) the damage to national and international security to which a ban on the export of those components would give rise. When deciding what weight to give to (i), the Secretary of State did not consider it necessary “further to finesse or calibrate that clear risk”. This was because (ii) was “a matter of such gravity… that it would have overridden any such further evidence of serious breaches of IHL”.

The news comes as Israel intensifies its attacks on the occupied West Bank and as a two-year old girl was shot and killed by Israeli forces while at home in Jenin refugee camp.

General Director of Al-Haq, Shawan Jabarin said, “Gaza is destroyed, it is unliveable. Palestinians in Gaza have been killed and erased by weapons whose components are supplied to Israel by the UK Government, acting in full knowledge of the consequences.”

Jennine Walker, lawyer with GLAN said, “If even clear evidence of genocide will not stop the UK Government from supplying weapons to Israel, what will? Actions speak louder than words. The UK continues to supply weapons that it accepts Israel might use to kill Palestinian people. This must not be allowed to continue. Finally, over a year after this case was started a court will decide Al Haq and GLAN's legal challenge.” 

Al-Haq is represented in this challenge by lawyers with GLAN and Bindmans LLP.

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