Legal Setback Highlights Britain’s Resistance to Anti-Israel Pressure
London Court Upholds Sale of F-35 Parts to Israel
In a significant ruling, the UK Supreme Court dismissed a legal challenge against the British government, affirming the legality of selling replacement parts for F-35 fighter jets to Israel. This decision comes despite the government’s acknowledgment of a risk that these parts may be used in military operations in Gaza, potentially leading to violations of international humanitarian law, as reported by The Guardian.
Context of the Legal Challenge
The case, which spanned approximately 20 months, was initiated by Global Legal Action Network (GLAN) and Palestinian human rights organization Al-Haq, supported by Amnesty International, Human Rights Watch, and Oxfam. Notably, Al-Haq has been linked to the international Boycott, Divestment, and Sanctions (BDS) campaign and has been designated as a terrorist organization in Israel due to its connection with the Popular Front for the Liberation of Palestine.
In their 72-page ruling, the judges determined that political and security issues of this nature are under the jurisdiction of the executive branch and Parliament, not the courts. “This is a highly sensitive political issue, and under the British constitution, the decision rests with ministers accountable to the public,” the ruling stated.
The Implications of Continued F-35 Cooperation
The court’s decision centers on the UK’s ongoing collaboration in the F-35 project, whereby spare parts are supplied to a global inventory that includes the Israeli Air Force. Government officials warned that withdrawing from the project or restricting sales to Israel would disrupt the logistics of the program and jeopardize national security for NATO allies.
Lockheed Martin, the manufacturer of the F-35, indicated in court documents that it could not guarantee that specific parts would not be sent to Israel. The UK Department of Defense recognized that “significant logistical work” would be required to filter parts by destination, yet no concrete restrictions were implemented.
Critique of Government Findings
The Guardian’s coverage, noted for its critical stance on Israel, highlighted significant flaws in the examination of potential violations of international law by Israel. The British government reportedly concluded in July 2024 that there was no substantial risk of genocide in Gaza, and no evidence was found that women or children were targeted in Israeli strikes. This assessment has drawn criticism from the paper, challenging the legitimacy of Israeli military actions.
Despite the reported deaths of over 40,000 Palestinians amid thousands of airstrikes, the British government investigated only 413 incidents, identifying just start possible breach of international law – an attack in April on a World Central Kitchen aid team that resulted in seven deaths, including six foreign aid workers.
Economic Factors Behind the Decision
The article also hinted at Britain’s economic interests in the F-35 program, with approximately 16% of global contracts awarded to British companies, including BAE Systems, which has garnered contracts worth more than $5.7 billion. Other involved firms include GE Aviation Systems, Martin-Baker, and Ultra PCS.
The court’s decision has sparked public and parliamentary scrutiny over the oversight mechanisms for arms exports and the decision-making processes regarding trading with nations engaged in violent conflicts