High Court rules UK can continue supplying F-35 components to 'Israel'

A British High Court dismissed a legal challenge aimed at stopping the UK’s involvement in supplying spare parts for F-35 fighter jets used by 'Israel' in its military campaign in Gaza, ruling the issue falls outside the judiciary’s constitutional authority.

The case, brought by Palestinian rights organization Al-Haq and the Global Legal Action Network, sought to force the UK to withdraw from a multilateral defense program with the United States, which manufactures the F-35 jets. The UK provides around 15 percent of every jet’s components, many of which are pooled and accessible to 'Israel' through the international program.

The government had previously suspended about 30 arms export licenses to 'Israel' in September 2023 over concerns that British-made weapons might be used in violations of international humanitarian law. However, it argued that fully exiting the F-35 program could jeopardize international security cooperation and damage relations with key allies such as the US and NATO.

The two presiding judges ruled that decisions of such political and diplomatic sensitivity rest with the executive branch, not the courts. “That acutely sensitive and political issue is a matter for the executive which is democratically accountable to parliament and ultimately to the electorate, not for the courts,” they said.

Human rights organizations reacted with strong disappointment. Amnesty International and Human Rights Watch, which intervened in the case, criticized the ruling as a failure to uphold the UK's international legal obligations.

“The horrifying reality in Gaza is unfolding in full view of the world: entire families obliterated, civilians killed in so-called safe zones, hospitals reduced to rubble, and a population driven into starvation by a cruel blockade and forced displacement,” said Sacha Deshmukh, CEO of Amnesty International UK. “This judgment does not change the facts on the ground, nor does it absolve the UK government of its responsibilities under international law.”

Oxfam, which also submitted evidence, condemned the UK’s ongoing participation in the F-35 program. “It is unconscionable that the government would continue to license the sale of components for F-35 jets knowing that they are used to deliberately attack civilians in Gaza and destroy their means of survival, including vital water supplies,” the organization said in a statement.

The government responded by saying it will continue to review defense export licenses, adding, “The court has upheld this government's thorough and lawful decision-making on this matter.”

Lawyers representing the rights groups are currently reviewing the ruling to determine whether an appeal is possible.