UK export of F-35 components to Israel Unlawful, Palestinian NGO tells high court
London, 14 may 2025 – The British government’s decision to continue the export of F-35 fighter jet components to Israel, despite acknowledging the risk of their use in contravention of international humanitarian law (IHL) in Gaza, is unlawful, a Palestinian rights organisation argued before the high vourt on tuesday.
The legal challenge, brought by Al-Haq, a Palestinian human rights organisation based in the Israeli-occupied west bank, focuses on the decision by the Department for Business and Trade (DBT) to exempt F-35 parts from a broader suspension of arms export licences to Israel imposed last year.
In september 2024, the UK government suspended certain arms export licences following assessments which concluded that Israel was failing to meet key obligations under IHL, particularly concerning humanitarian access in Gaza and the treatment of Palestinian detainees. Despite these findings, the government opted to make an exception for the export of F-35 components, citing national security and international diplomatic concerns.
According to documents presented in court, the ministry of defence warned that suspending F-35-related licences could compromise international security, damage NATO’s operational capabilities, and erode the United States’ confidence in the UK as a defence partner. Consequently, ministers decided to carve out the F-35 components from the suspension.
Al-Haq, which documents alleged human rights violations by both Israel and the Palestinian Authority, argues that this carve-out decision was made in breach of Britain’s legal obligations under domestic law and international treaties, including the Geneva Conventions. The group’s legal counsel, Raza Husain KC, told the court that the case must be seen “against the backdrop of a human calamity unfolding in Gaza” following Israel’s military campaign launched in response to Hamas’s attacks on 7 october 2023.
According to figures from Gaza’s Hamas-run health ministry, nearly 53,000 Palestinians have been killed in the conflict. While Israel claims its operations are aimed at neutralising Hamas and other militant groups, it has faced widespread accusations of excessive force and violations of IHL, allegations it has consistently denied.
Mr Husain emphasised that Al-Haq’s case does not require the court to directly rule on the legality of Israel’s actions in Gaza. Instead, the focus is on whether UK ministers properly applied the law when deciding to continue F-35 component exports. “The legal question is whether ministers misunderstood or misapplied the export control rules and Britain’s obligations under international law,” he said.
The British government, however, contends that the decision was lawful. Government lawyer James Eadie KC argued in written submissions that ministers were entitled to make an “exceptional policy judgement” in order to protect the UK’s strategic defence partnerships and international security interests. He further asserted that the government’s position was consistent with both domestic and international legal frameworks governing arms exports.
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The case in London echoes similar legal efforts in other European jurisdictions. Last year, Al-Haq, alongside a coalition of human rights groups, petitioned a Dutch court to block the Netherlands from exporting arms to Israel and from trading with Israeli settlements in the occupied Palestinian territories.
Israel, for its part, insists it is taking steps to minimise civilian harm and rejects allegations of war crimes. Israeli officials have blamed Hamas for endangering civilian lives by operating within densely populated areas.
The latest hearing comes amid ongoing hostilities in Gaza, where a fragile ceasefire agreement brokered in January collapsed in March after both sides failed to reach an agreement on extending the truce. Israel has since intensified its military operations, pledging to continue its campaign until Hamas’s military infrastructure is dismantled.
The High Court’s ruling on the matter is expected later this year and could have significant implications for the UK’s future arms export policies, as well as for broader debates surrounding Britain’s adherence to its international humanitarian obligations in conflict zones.
