Palestinian human rights organisation Al-Haq is set to ask the Court of Appeal for the green light to challenge a High Court ruling which found the Government’s export of fighter jet parts that can be used by Israel amid the conflict in Gaza is lawful.
Al-Haq previously challenged the Department for Business and Trade’s decision to continue licensing exports of components for F-35 fighter jets, claiming it was unlawful and “gives rise to a significant risk of facilitating crime”.
In September last year, the Government suspended export licences for weapons and military equipment following a review of Israel’s compliance with international humanitarian law in the conflict.
But an exemption was made for some licences related to parts for F-35s, which are part of an international defence programme.
The challenge was dismissed by two judges in June, with Al-Haq and the Global Legal Action Network (GLAN) announcing in August that it would seek to appeal against the decision.
The appeal bid is due to be heard at 10.30am on Thursday at the Royal Courts of Justice in London before Lady Justice King, Lord Justice Dingemans and Lady Justice Whipple.
F-35 jets are included in an international defence programme which produces and maintains the fighter jets, with the UK contributing components for both assembly lines and an international pool.
The High Court heard Israel is not one of the “partner nations” of the programme, but is a customer and can order new F-35 aircraft and draw on a pool for spare parts.
The court heard earlier this year the decision to “carve out” licences related to F-35 components followed advice from Defence Secretary John Healey.
Mr Healey said a suspension would impact the “whole F-35 programme” and have a “profound impact on international peace and security”.
In a ruling in June, Lord Justice Males and Mrs Justice Steyn dismissed Al-Haq’s challenge, ruling “the conduct of international relations” is a matter for the executive, rather than the courts.
Announcing their decision to seek to appeal against the ruling in August, Al-Haq and GLAN said they sought to challenge the ruling on three grounds, including that the High Court “erred” in finding the carve-out complied with UK law.
They also said the High Court was wrong to find it could not decide whether the carve-out complied with international law, which GLAN said created a “glaring gap in accountability”.
Shawan Jabarin, director of Al-Haq, said the ruling set “a dangerous precedent” which risked “undermining the legal mechanisms designed to ensure government accountability”.
Gearoid O Cuinn, director of GLAN, said the Government’s “arming of Israel as it violates international law daily, before our eyes, cannot go unchallenged”.
The appeal bid comes weeks after Al-Haq was one of three human rights organisations to be sanctioned by the United States.
The move, announced on September 4, drew criticism from experts at the United Nations, who labelled it a “direct attack on international justice”.
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