UK High Court hears case of legality of British government’s role arming Israel
A four-day judicial hearing has begun at the High Court in London to examine the legality of the UK’s continued exports of arms to Israel.
The case, brought by Palestinian human rights organisation Al-Haq, is questioning the UK government’s decision to continue licensing military exports used in Israel’s F-35 fighter jets, which have been involved in bombing and other military operations in Gaza.
The case centres on a decision made on 2 September 2024, when the UK allowed the export of these components to proceed, despite suspending other arms exports at the time due to concerns over potential violations of international law.
Amnesty International UK, Human Rights Watch (HRW) and Oxfam have joined the case as interveners. These organisations are authorised by the court to provide expert submissions to help inform the legal proceedings.
The focus of their submissions is the UK’s obligations under Article 1 of the 1948 Genocide Convention, which requires states to act to prevent genocide. Amnesty and HRW argue that this duty includes halting arms transfers to states where there is a serious risk that such weapons could be used to commit genocidal acts.
They reject the UK government’s position that this obligation only arises when genocide is already taking place, advocating instead for a precautionary approach when credible indicators of risk exist. They also argue that the Secretary of State failed to take appropriate measures, thereby breaching the UK’s international obligations.
To support their case, the interveners cite independent reports suggesting the situation in Gaza meets the threshold of a “serious risk” of genocide. By early September 2024, UN data indicated that more than 41,000 people had been killed, including over 15,000 children. The destruction of civilian infrastructure was extensive, with more than 60% of residential buildings reported destroyed and 96% of the population facing acute food insecurity. Other estimates of fatalities are even higher.
In January 2024, the International Court of Justice found that many Palestinians in Gaza lacked access to basic necessities, indicating a “real risk of irreparable prejudice to the plausible rights” of Palestinians under the Genocide Convention.
The High Court will now consider whether the UK government properly assessed its international legal obligations before continuing arms exports related to the F-35 programme. The case is expected to test the legal standards for arms licensing in the context of serious international humanitarian concerns.
So far, the trial has gone largely uncovered by Western media outlets – which could be considered as awaiting the outcome before covering the story, or, in the case of popular right-wing outlets, avoiding it altogether.
