Despite acknowledging that the Lockheed Martin F-35 jet parts could be used in violation of international humanitarian law, Britain’s High Court has ruled that the government’s decision to allow their export to Israel is legitimate.
Judges Stephen Males and Karen Steyn argued in a 72-page decision on Monday that the issue involved “much more of a focussed issue” than just the jet parts.
The court must decide whether to forbid the UK from participating in a particular multilateral defence collaboration because it is possible that some UK-made components will or may be supplied to Israel and may be used in the commissioning of a grave violation of international humanitarian law in the Gaza conflict, according to the ruling.
According to our constitution, the executive is responsible for that deeply polarizing and political issue, which is ultimately accountable to the electorate and not the courts.
The United Kingdom contributes components to a global defense initiative that produces the bombers at the moment.
However, Al-Haq, a Palestinian organization with a base in the occupied West Bank, filed a lawsuit in January against the UK Department for Business and Trade (DBT) for exempting the parts when some export licenses were suspended in September of last year.
Al-Haq claimed at a hearing in May that sending the jet parts “gives rise to a significant risk of facilitating crime.”
Defence Secretary John Healey predicted that if it was suspended, it would have a “profound impact on international peace and security” the same month.
Despite the outcome of today, the Palestinian people’s voice has been centered on the issue and the decision has garnered significant public support, according to Shawan Jabarin, the head of Al-Haq.
Civil society and human rights organizations have made a significant breakthrough by uncovering serious government shortcomings that led to the international prosecution of Palestinians through their arms exports, he continued. We will continue to persevere in the UK and beyond until governments are held accountable, Israel’s impunity is challenged, and justice for the Palestinian people is realized.
“Knot on effect”
According to Al Jazeera’s Milena Veselinovic, who spoke from London, the construction of an F-35 fighter jet is a part of a “global programme” where many countries build and produce components in various nations.
Veselinovic explained that although Britain produces about 15% of each F-35 jet, it doesn’t specifically produce those parts for Israel.
The UK argued that if they prevented those components from being exported, which could have a negative impact on the entire international programme, it would have an impact on the supply chain, NATO allies, and even Ukraine’s ability, she said, to defend itself from Russia’s invasion.
Al-Haq has argued that the UK’s use of the weapons in Gaza violated international law, including the Geneva Convention, by creating the components for the global pool.
The High Court accepted the UK’s claim that this was a strategic objective despite acknowledging that it might mean the UK might also be breaking international law, Veselinovic continued.
Export authorizations
After a review of whether or not Israel’s use of these items during its war in Gaza was in line with international humanitarian law, Foreign Secretary David Lammy announced in September of last year that the government had suspended about 30 of 350 export licenses.
However, British-made F-35 parts, such as refueling probes, laser targeting systems, tyres, and ejector seats, were not included in the partial ban, according to Oxfam International, a global advocacy group that supported Al-Haq’s lawsuit against the DBT.
Additionally, according to a report released in May by pro-Palestine activist groups, military goods have continued to be exported to Israel despite the suspension.
Source: Aljazeera
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