Legal battle over F-35 sales

Al-Haq, a Palestinian human rights organisation, have filed their reply to the Government’s defence of its decision to continue granting licences to sell F-35 fighter jet components and other weapons to Israel. In January, Mr Justice Chamberlain granted permission for Al-Haq’s case to proceed to a rolled-up hearing. The trial has now been listed to take place over four days from 12 May 2025.

The Government’s position remains that it does not consider that Israel is committed to complying with international humanitarian law. It still accepts that there is a clear risk that F-35 components might be used to commit violations of international humanitarian law and that granting F-35 licences therefore breaches its own policy. Nevertheless, it considers that it has good reason to depart from its policy because, it says, stopping F-35 licences would disrupt the global supply chain and have a profound impact on international peace and security.

The Government says that it does not need to know how serious Israel’s violations of international humanitarian law may be, the need to avoid disruption to the F-35 global supply chain would outweigh them. Effectively, no matter how serious the violations may be – genocide, torture, mass killings of civilians – the Government says it would continue to grant licences to sell British F-35 fighter jet components to Israel regardless.

Al-Haq’s reply sets out how granting F-35 licences breaches both domestic and international law. In addition, it explains how granting the licences is likely to facilitate crime, the Government’s assessment of the implications of suspending F-35 components is irrational, and there was no good reason to breach its own policy. Finally, it shows how the Government’s decision to continue granting licences for the Israeli army was also unlawful.

The trial will be an opportunity to expand on these arguments before Mr Justice Chamberlain and another judge over four days.

Al-Haq have relaunched their crowdfunder to enable them to get this case over the line. Their new CrowdJustice page is here.

Alice Hardy, partner in the Public Law and Human Rights team at Bindmans, representing Al-Haq, said Al-Haq have filed a powerful reply to the Government’s case, explaining why the continued authorisation of licences to sell F-35 fighter jet components to Israel is in breach of both domestic and international law. They are now looking forward to the trial starting on 12 May 2025 in which they will finally have the opportunity to explain to the court why the Government’s decision is unlawful.

General Director of Al-Haq, Shawan Jabarin, stated Israel has escalated its genocide against Palestinians in Gaza with the resumption of relentless bombing campaigns that have claimed over 50,000 lives since October 2023, including over 15,000 children. These heinous actions are a direct assault on the very existence of the Palestinian people. The UK Government’s defence of continuing arms sales to Israel, despite grave violations of international humanitarian law, risks complicity in genocide, with the claim that the global supply chain for F-35 fighter jet components outweighs these atrocities serving as an active facilitation of atrocity crimes. The UK must immediately halt all arms sales to Israel, cease contributing to this genocide, and demand accountability for the mass suffering inflicted upon the Palestinian people.

Al-Haq are represented by Dearbhla Minogue, Charlotte Andrews-Briscoe, Jennine Walker, George Collecott and Sicelo Ngwenya at the Global Legal Action Network, supervised by Alice Hardy at Bindmans. Their counsel team comprises Phillippa Kaufman KC, Raza Hussain KC, Blinne Ni Ghralaigh KC and Eleanor Mitchell of Matrix Chambers, Zac Sammour and Aliya Al-Yassin of 11 Kings Bench Walk, Rayan Fakhoury and Aislinn Kelly-Lyth of Blackstone Chambers, Jagoda Klimowicz of Brick Court Chambers, Mira Hammad of Garden Court North, Courtney Grafton at 20 Essex Chambers, Catherine Drummond of Three Verulam Buildings, Admas Habteslasie of Landmark Chambers and Rebecca Brown of 2 Temple Gardens.