Legal Setback for NGOs as UK Court Backs Fighter Jet Parts Exports to Israel

Nonprofit groups' challenge against the UK's fighter jet parts export to Israel fails as the court emphasizes government discretion.

The High Court of England and Wales ruled on Monday against a coalition of nonprofits in their legal attempt to stop the UK’s export of fighter jet parts to Israel. The court asserted that such politically sensitive matters should be handled by government officials rather than be subject to judicial review. The UK government had previously suspended a portion of its arms sales to Israel following a review that identified potential violations of international humanitarian law. Despite this, licenses for certain goods, including components for the F-35 combat aircraft—which are seen as essential for international security—remained intact.

Representatives from Al-Haq, a Palestinian rights organization, and the Global Legal Action Network, along with support from Amnesty International, Oxfam, and Human Rights Watch, argued in court that supplying F-35 parts to Israel contravened the UK’s obligations under the Geneva Conventions. They asserted that allowing these exports directly enabled actions potentially constituting genocide. However, the High Court clarified that it lacked the authority to determine whether Israel’s military actions in Gaza were genocidal or war crimes, reinforcing the notion that decisions about military exports are under the discretion of government ministers, not the judiciary.