Patrick Wintour
The Guardian / November 26, 2024
Campaigners will apply for emergency injunction to stop exports of F-35 parts used in ‘extermination campaign’.
Campaigners trying to block UK sales of F-35 jet engine parts to Israel will apply for an emergency high court injunction in light of the international criminal court issuing arrest warrants for the Israeli prime minister, Benjamin Netanyahu.
Campaigners at Global Legal Action Network (Glan) and Al-Haq say it is unconscionable British manufacturers are still selling parts that can be used to bomb Palestinians in Gaza. The government has until Friday to file a defence.
At a high court hearing on 18 November, the UK government admitted potential damage to the UK/US relationship was a factor in deciding to continue allowing some exports.
In other previous hearings the court ordered ministers to disclose the rationale for continuing to sell F-35s, at a time when they admitted Israel was breaching international law. The court was not due to hear the case again until January when an extended hearing date was due to be set.
Ministers say F-35 parts go into a general pool and it is not possible to determine which parts will be sold to the Israelis for use in Gaza. The Labour government reversed a Conservative decision to allow some arms export licences to Israel to continue. Labour found that there was a risk the arms would be used to cause serious breach of international humanitarian law.
Last week the international criminal court issued arrest warrants for the Israeli prime minister, Benjamin Netanyahu, the country’s former defence minister Yoav Gallant and the Hamas military leader Mohammed Deif for alleged war crimes relating to the Gaza war. Netanyahu’s office denounced the court’s decision as “antisemitic”.
Glan lawyer Charlotte Andrews-Briscoe said: “It is unconscionable that the UK continues to allow British-made components for F-35s to be used in Israel’s extermination campaign against Palestinians. As of Thursday, the UK is now arming suspected war criminals who have been indicted by the world’s pre-eminent criminal court. For 13 months, Glan and Al-Haq have argued that weapons sales to Israel are unlawful. When will it be enough? Does the UK government have any red lines?”
Al-Haq spokesperson Zainah El-Haroun said: “The latest arrest warrants issued against Israeli Prime Minister Netanyahu and former Defence Minister Gallant for the commission of war crimes and crimes against humanity add to the insurmountable evidence that British weapons, particularly F-35 components, are being used to commit international crimes, including genocide.”
The move by the two groups, supported by other human rights groups, is the first practical impact of the ICC arrest warrants. It also comes as Conservatives claim that UK laws would prevent the arrest of Netanyahu if he visits the UK as Israel is not a signatory to the Rome statute, the treaty on which the ICC is based.
The foreign secretary, David Lammy, has said the UK will follow due process, suggesting debate is continuing about the legal immunities provided to elected leaders.
In the Commons the foreign office minister, Anneliese Dodds, accepted that Israel was not doing enough to secure humanitarian aid into Gaza, a position that contrasts with the US that claims there has been a substantial improvement in the flow of aid since the US threatened more than a month ago to to withhold arms shipments.
The US last week dropped the threat to withhold arms and also vetoed a UN security council resolution that called for an immediate and unconditional ceasefire, as well as the release of Israeli hostages.
Dodds told MPs “we’re seeing a very disturbing impact from those restrictions, we’ve seen it in the famine assessment, in the levels of malnutrition and ill-health now prevalent in Gaza. Winter of course is now upon us, making that situation even worse, those restrictions on aid are unacceptable, they must be lifted immediately.”
Patrick Wintour is diplomatic editor for The Guardian
