A legal challenge to Britain’s continued participation in the F-35 fighter jet programme, brought by the Palestinian NGO Al-Haq, has been dismissed in full by the High Court in London.
The judges ruled that the UK government’s role in the multinational project is a matter of state policy, not subject to judicial intervention, even amid concerns about the use of the aircraft in Gaza.
Al-Haq argued that British-made parts used in Israel’s F-35 fleet could be linked to breaches of international humanitarian law. But in a joint judgment handed down by Lord Justice Males and Mrs Justice Steyn, the court found that the case fell firmly within the realm of executive discretion.
“This is not about whether the UK should supply arms to Israel. That decision has been made by the Secretary of State,” the judges wrote. “Rather, this case has been concerned with a much more focused issue… whether it is open to the court to rule that the UK must withdraw from a specific multilateral defence collaboration.”
The F-35 programme includes the United States, Israel and multiple NATO partners. It operates as a joint logistics and manufacturing venture. The UK contributes components into a pooled system from which participating nations, including Israel, draw for aircraft maintenance and operations.
The government’s defence was based on the national and international security consequences of any withdrawal from the programme. “Suspending those licences would disrupt a global supply chain, undermine US confidence in the UK and NATO, and impact international security,” the Department for Business and Trade argued.
The High Court accepted that reasoning, concluding that any decision to withdraw from the F-35 programme is “a matter for the executive… not for the courts.”
Al-Haq, supported by legal advocacy group GLAN and represented by Bindmans LLP, expressed disappointment. “This is a regrettable setback after such a long battle,” said Jennine Walker of GLAN, “but this is not the end.” The group is reportedly assessing grounds for appeal.
The government had previously suspended dozens of individual export licences to Israel but maintained its F-35 participation, citing the strategic implications of halting involvement in the entire multilateral framework.
“Once the true nature of the issue is identified,” the judges concluded, “it is clear that the claim must fail.”
Great so these idiots want Britain left defenceless in the face of scary global threats and a new wave of Imperialsm not to mention our major industries moving abroad. Total lunacy. .
The fact that there was even enough doubt about national security being an executive competency to make it worth these deluded chancers going to court over it is deeply worrying. Hopefully case law will now set a precedent that statute should already have had covered.
Maybe it already did have it covered.. sometimes people need a visual reminder of a thing
It is still worrying that the courts are treating racist lies about what Israel is doing as serious arguments.
What lies? The evidence of what they’ve done and are doing is available in 4k resolution. Gaza has been systematically levelled and its civilian population displaced or killed, and those that survive are now starving.
Evidence? from Hamas ministry of health? fake figures and propaganda besides that Hamas could simply surrender, the fact that its using schools and hospitals as headquarters is not big help either
You need to get out from under your Israeli propaganda rock.
If Allah loves his children so much, he sure has a funny way of showing it. Endless conflicts from continent to continent, all because of that fairy tale book Jawas love to quote from so much.
Many lies. Starting with your “Gaza”. That is like talking about Berlin and not about the Nazis.
And the Nazis at least invested in defending own population, and you have the gall to pretend you care for Palestinians.