The UK government is set to argue in a high court case that arms export controls should not apply to the F-35 programme, which supplies parts for jet fighter jets potentially used by Israel against Palestinians in Gaza. The four-day case, initiated by the Palestinian human rights group Al-Haq, begins on Tuesday.
Defence Secretary’s Position
Defence Secretary John Healey has stated that maintaining the UK’s role in the F-35 programme is more important than adhering to UK laws on arms export controls or preventing potential genocide in Israel. He argues that suspending arms exports could significantly impact international peace and security.
- Healey warned that such a suspension might undermine US confidence in the UK and NATO at a critical moment in their collective history, stating, "Suspension could undermine US confidence [in] us & NATO at a critical juncture."
Impact of Court Action
The court action has already influenced government decisions. Last September, the UK suspended some arms export licences just 90 minutes before a scheduled court appearance. In this announcement, ministers allowed for the supply of parts into a global pool of F-35 jets, citing concerns about disrupting NATO’s peace and security.
Legal Concerns
In documents submitted ahead of the hearing at the London High Court, judges were informed that supplying parts for potential use against Palestinians violates the UK’s own weapons control rules. There is a clear risk that these components might be used to commit serious violations of international humanitarian law, which could be classified as war crimes.
Components Supplied
Britain contributes 15% of each new F-35 aircraft, along with up-to-date spares, through BAE Systems and its subsidiary, BAE Systems Inc. The components supplied include:
- Ejector seats from Martin Baker Aircraft Company Ltd.
- Rear fuselage from Marshall ADG Limited.
- Active interceptor systems from Leonardo Electronics Division (UK) Ltd.
- Targeting laser systems from MBDA UK Holdings Ltd.
- Weapon release cables also supplied through MBDA UK Holdings Ltd.
BAE Systems has stated that it cannot impose conditions on how these components are used once sold. Therefore, it cannot require Lockheed Martin to temporarily suspend sales if mandated under the terms of the licence issued under Section 5(1)(a) of the Arms Export Control Act.
Conclusion
The UK government acknowledges that supplying parts potentially destined for use against Palestinians breaches its own weapons control rules due to the clear risk of serious violations of international humanitarian law. The outcome of this high court case could have significant implications for arms export policies and international relations.
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