High Court sets date for hearing of Israel weapons judicial review and grants permission for Amnesty International, Human Rights Watch and Oxfam to intervene
By Law News
Alice Hardy, partner in the public law team at Bindmans, expressed Al-Haq’s strong condemnation of the UK Government’s continued licensing of weapons exports to Israel, despite substantial evidence of war crimes and genocide in Gaza
Alice Hardy stated, “Al-Haq considers it to be unfathomable that the Government maintains its position and continues to grant licences to sell weapons to Israel despite the death toll in Gaza and the vast body of evidence indicating war crimes, breaches of international humanitarian law, crimes against humanity and genocide. Al-Haq hopes that if the UN Commission of Inquiry report does not persuade the Secretary of State to reconsider, these proceedings will do so.”
The High Court has set a date for the hearing of Al-Haq's judicial review challenge against the Government's refusal to stop granting weapons export licences to Israel. The hearing will occur from 8 to 10 October 2024.
The Court has also granted Amnesty International, Human Rights Watch, and Oxfam permission to intervene in the case, despite the Government’s efforts to prevent their involvement. The Campaign Against the Arms Trade has also indicated its intention to participate.
Al-Haq’s case Al-Haq contends that the Secretary of State for Business and Trade, Kemi Badenoch, unlawfully grants these licences, violating the Government’s Export Licensing Criteria. These criteria prohibit granting licences if there is a clear risk that the weapons will be used to commit or facilitate serious breaches of international humanitarian law or if they conflict with the Arms Trade Treaty.
UK’s position While acknowledging the possibility of Israel violating international humanitarian law, the Secretary of State has nonetheless made three formal decisions to continue issuing weapon export licences to Israel since 7 October 2023. These decisions, made on 18 December 2023, 8 April 2024, and around 31 May 2024, have resulted in over 100 export licences being approved, including 42 military licences.
The bombing and the death toll Reports indicate that Israel has dropped over 70,000 tons of bombs on Gaza since 7 October 2023, resulting in more than 37,000 Palestinian deaths and approximately 85,000 injuries, according to the Ministry of Health in Gaza.
International Court of Justice (ICJ) rulings The ICJ has issued three rulings in South Africa v Israel, highlighting the risk of irreparable harm to Palestinians and ordering Israel to prevent acts of genocide, ensure unhindered aid flow into Gaza, and halt military offensives in Rafah.
International Criminal Court (ICC) arrest warrants On 20 May 2024, the ICC prosecutor applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant for war crimes and crimes against humanity. Netanyahu responded by accusing the prosecutor of anti-Semitism.
UN Commission of Inquiry A UN report published on 12 June 2024 concluded that Israel has committed crimes against humanity, including forced starvation, murder, collective punishment, and intentional attacks on civilians.
Other countries’ responses Several countries, including Belgium, Canada, Italy, Spain, and the US, have paused or ceased granting export licences to Israel. France has banned Israeli companies from its Eurosatory arms exhibition.
Israel’s public statements Despite international pressure, Netanyahu has publicly stated that Israel does not intend to comply with ICJ or ICC rulings. Senior Israeli ministers have made dehumanising comments about Palestinians, further escalating tensions.
What’s next The UK Government was expected to serve its Detailed Grounds of Defence last week but failed to do so. A closed material procedure will follow, with an open hearing scheduled for the week of 22 July, and the final hearing from 8 to 10 October 2024.
Note to editors Al-Haq is represented by Dearbhla Minogue and Charlotte Andrews-Briscoe of the Global Legal Action Network, supervised by Alice Hardy at Bindmans, and a team of barristers. The legal action is funded by donations, including a crowdfunder.
Picture by Israel Defense Forces - Weapons Placed Into Storage, CC BY-SA 2.0,