News Writer Kierat Basi reports on challenge to UK’s sale of arms to Israel dismissed

Written by Kierat
Published

On the 19th of February, the High Court rejected a case urging the suspension of UK arms sales to Israel, dismissing a legal challenge brought forth by the Palestinian human rights organisation Al-Haq and the UK-based Global Legal Action Network (Glan) in December.

Al-Haq and Glan sought a judicial review of the UK Department for Business and Trade export licences for the sale of British weapons to Israel, due to their possible use in the IDF’s operations in Gaza. Their challenge follows Israel’s military campaign, triggered by an attack on southern Israel by Hamas on October 7th, resulting in significant casualties in Gaza, predominantly among civilians.

Shawan Jabarin, Al-Haq’s general director, criticised the government’s decision, stating it contributes to the ongoing conflict in Gaza by supplying arms used in the area.

Shawan Jabarin, Al-Haq’s general director, criticised the government’s decision, stating it contributes to the ongoing conflict in Gaza by supplying arms used in the area

Since 2015, there has been £472m worth of limited value “standard” licence grants and 58 unlimited value “open” licences issued, covering a wide range of categories, including components for military radars and targeting equipment, components for military support, combat aircraft, and naval vessels.

Foreign Office lawyers were unable to conclude that Israel’s actions in Gaza were compatible with international humanitarian law, as revealed by court documents in January. However, on 18th December, despite concerns expressed by Foreign Office officials, the government continued to licence arms sales to Israel.

Subsequently, the court laid out criteria, requiring the UK Department for Business and Trade to examine whether there is a ‘clear risk’ of a serious violation of international humanitarian law before licensing arms exports.

Glan expressed concern over the high court’s decision, highlighting differing international perspectives. This follows the International Court of Justice’s ruling in The Hague, which mandated that Israel must ensure its forces do not commit acts of genocide against Palestinians in Gaza.

In recent developments, a Dutch court ordered the Netherlands’ government to halt the supply of F35 fighter jet parts to Israel, citing violations of international and humanitarian law. Additionally, Italy and Spain’s foreign ministers halted all arms exports to Israel following the Gaza attacks, although the Spanish government faced criticism for reportedly continuing ammunition sales to Israel.


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