Despite blocking all other arms shipments, the UK’s new Labour government continued to supply F-35 fighter jet components to Israel. According to recent legal disclosures, this was due to concerns that suspending deliveries would damage US trust in the UK and NATO. The controversy surfaced during a high court case launched by two organizations contesting the legality of Britain’s arms exports to Israel.

Legal Challenge Over British Arms Exports to Israel

This case, filed by advocacy groups Al Haq and the Global Legal Action Network (GLAN), challenges the legality of Britain’s arms exports going to Israel in the face of continued use there in Gaza. In a recent hearing, documents unveiled that Defence Secretary John Healey had told Trade Secretary Jonathan Reynolds in July that the international F-35 program would be disrupted if the export of F-35 components was halted. Healey argued that such a move would impact partner aircraft and upset US confidence in the UK and NATO during a critical point.

Concerns Over International Humanitarian Law

It decided to suspend 30 licenses to export arms to Israel in September. This is after a review suggested that Israel was not adhering to the IHL provisions in Gaza. However, on F-35 components, the government chooses to exempt those from such suspensions. The legal filing admits there is a “clear risk” these parts might be used in ways that breach IHL but insists that the concerns of the defense secretary over the security of the world and international relations were considered more urgent.

“The government’s decision to allow F-35 parts to be exported continued because the stop of them would have wide implications,” said the lawyer representing the government, James Eadie, on court submission.

Challenges in Monitoring and Accountability

The Labor government has been widely criticized for failing to monitor the end-use of components for the F-35. Most other military exports have their parts shipped directly from the vendor, whereas the parts for the F-35 jet travel through third-party nations, which involves a 20-country supply chain. This makes it hard to monitor and is solely a complicated accountability process. The UK has acknowledged that stopping these shipments will affect the F-35 program worldwide.

However, the advent of F-35 jets, which have included 15 percent UK-manufactured parts during Israeli airstrikes in Gaza and Lebanon over the past 13 months, has added a few undeniable voices of human rights organizations to call for humanitarian concerns against further sales.

Global Legal Pressure Over F-35 Exports

The UK case is not an isolated one. Other countries involved in the global F-35 program, including the Netherlands, Canada, and Denmark, have also filed cases against the export of F-35 components to Israel. Of course, these cases are part of a greater international debate concerning arms sales, accountability, and compliance with humanitarian law.

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Unresolved Issues and Future Hearings

There was little of a determination made at Monday’s London court hearing, which was primarily procedural. The case will likely drag on to next January when the court will also determine the broader implications of the UK’s export of such goods regarding its international commitments.

Questions still need to be answered over whether discussions on implementing improved tracking and tracing of F-35 parts have occurred between the UK government and the US or with Lockheed Martin, the jet’s main contractor. “Asked in Parliament, Foreign Secretary David Lammy was fuzzy about whether or not such discussions took place.”.

The ruling might affect the future exportation of arms in the UK and its international relations with various allies. If permission is given to continue exporting components of the F-35 to Israel, it would appear that security alliance and humanitarian considerations are equally sensitive to balance.