https://arab.news/g7gwa
- Al-Haq unsuccessfully challenged Britain’s Department for Business and Trade over its decision
- The Court of Appeal refused permission, ruling that it was a matter for the government to decide
LONDON: A Palestinian NGO was on Wednesday refused permission to appeal a court ruling that Britain lawfully allowed F-35 fighter jet parts to be indirectly exported to Israel, despite accepting they could be used to breach international humanitarian law.
Al-Haq, a Palestinian rights group based in the Israeli-occupied West Bank, unsuccessfully challenged Britain’s Department for Business and Trade over its decision last year to exempt F-35 components when it suspended export licenses for arms that could be used in the war in Gaza.
The group last month asked the Court of Appeal for permission to challenge a lower court ruling that found Britain’s decision was lawful and dismissed Al-Haq’s challenge.
The Court of Appeal refused permission, ruling that it was a matter for the government to decide whether national security issues relating to the supply of F-35 components outweighed an assessment that Israel was not committed to complying with international humanitarian law.
When it suspended export licenses in 2024, Britain assessed that Israel was not committed to complying with such law in its military campaign, which Gaza health officials say killed more than 68,000 Palestinians.
But Britain did not suspend licenses for British-made F-35 components, which go into a pool of spare parts Israel can use on its existing F-35 jets.
London’s High Court rejected the challenge in June, saying in its ruling that then-business minister Jonathan Reynolds was “faced with the blunt choice of accepting the F-35 carve-out or withdrawing from the F-35 program and accepting all the defense and diplomatic consequences which would ensue.”
The Court of Appeal heard Al-Haq’s application for permission to appeal as Israel and Palestinian militant group Hamas signed an agreement last month to cease fire and free Israeli hostages in exchange for Palestinian prisoners.
In a similar case earlier this month, a Dutch appeals court confirmed a decision to throw out a case brought by pro-Palestinian groups to stop the Netherlands exporting weapons to Israel and trading with Israeli settlements in occupied Palestinian territories.