Britain’s High Court ruled on Monday that the government acted lawfully in allowing the export of F-35 fighter jet components to Israel, despite acknowledging that the equipment could be used in violation of international humanitarian law in Gaza.
The case was brought by Al-Haq, a Palestinian rights group based in the Israeli-occupied West Bank, which challenged the UK Department for Business and Trade’s decision to exempt F-35 components when it partially suspended arms export licences to Israel in 2024.
Although British authorities had assessed that Israel was not fully committed to international humanitarian law amid its ongoing military operations in Gaza, ministers chose to maintain F-35 exports, citing the potential disruption to the global F-35 supply chain and broader international security concerns.
Judges Stephen Males and Karen Steyn dismissed Al-Haq’s case, saying the matter involved political decisions beyond the court’s purview. “Whether the UK should withdraw from the international F-35 programme is a decision for the executive, not the judiciary,” they ruled.
Gaza health officials say Israel’s offensive has killed over 56,000 people and displaced nearly the entire population of the territory, home to more than 2 million people. Israel launched the campaign following the October 2023 Hamas-led attack that killed around 1,200 people and saw 251 taken hostage.
The court noted that Business Minister Jonathan Reynolds had reasonably concluded it was not feasible to convince all partner countries in the F-35 programme to halt deliveries to Israel. Rejecting the carve-out, the court said, would have forced the UK to exit the programme entirely, with serious defence and diplomatic consequences.
Al-Haq expressed disappointment in the ruling but did not say whether it would seek an appeal. The group said the case had nonetheless contributed to the UK’s decision to suspend some arms export licences to Israel in 2024.
A UK government spokesperson welcomed the decision, calling it evidence of “one of the most robust export control regimes in the world,” and said arms exports would remain under close review.
