UK High Court dismisses legal challenge over arms sales to Israel
People walk in Gaza City amid the rubble of buildings destroyed by Israeli bombardment, early February 2024
Dania Akkad reports in Middle East Eye on 21 February 2024:
The UK High Court has dismissed a legal challenge that sought the immediate halt of British arms exports to Israel.
The case was brought by Palestinian human rights group Al Haq and the UK-based Global Legal Action Network (Glan) against the UK Department for Business and Trade. The organisations say they will appeal against Monday’s ruling. The two groups filed the challenge in December, seeking a judicial review of the government’s export licensing process for the sale of British weapons to Israel.
More than 29,300 Palestinians have been killed in Gaza since Israel launched its assault on the enclave, following the Hamas attack on 7 October that killed 1,140 people, mostly Israelis.
The British government has licensed at least £472m worth of military exports to Israel since May 2015 with UK companies providing about 15 percent of the components of the F35 stealth combat aircraft which Israel has used to bomb Gaza, according to the Campaign Against Arms Trade.
Under its arms exporting criteria, the British government is obligated to suspend licences for arms exports if it determines that there is a clear risk that British weapons might be used in violations of international law. The groups argued that there is substantial evidence that this moment has long passed.
The Department for Business and Trade has said it keeps arms export licences under “careful and continual review” and that it can respond quickly to changing international circumstances.
The High Court ruled to dismiss the case, saying that there was a “high hurdle” to establish that the department had been irrational in its decision-making, and there was “no realistic prospect” the hurdle would be surmounted in the challenge.
‘Serious concerns’ in Foreign Office
As a result of the challenge, the government revealed in court documents that Foreign Office officials had “serious concerns” as early as 10 November that Israel had breached international law in Gaza.