High court rejects legal challenge against UK arms sales to Israel

A convoy of ambulances in the Gaza Strip. The UK decided to continue arms sales licences in December despite the concerns of Foreign Office officials. Photograph: Christopher Black/World Health Organization (WHO)/AFP/Getty Images

The high court has dismissed a case urging the suspension of UK arms sales to Israel.

The legal challenge against the UK Department for Business and Trade was launched in December by the Palestinian human rights organisation Al-Haq and the UK-based Global Legal Action Network (Glan).

The organisations, which are seeking to overturn the court’s decision, applied for a judicial review of the government’s export licences for the sale of British weapons capable of being used in Israel’s action in Gaza. More than 28,000 Palestinians – mostly civilians – have been killed during Israel’s military campaign, which was sparked by a Hamas attack on southern Israel on 7 October.

Shawan Jabarin, the general director of Al-Haq, said: “The government’s decision to continue supplying Israel with weapons to continue its military aggression against men, women and children in Gaza is effectively arming Israel to completely decimate the Gaza Strip, reducing Gaza’s vital civilian infrastructure to rubble.”

The legal challenge stated that the government has granted licences for the sale of British weapons to Israel under a wide range of categories in recent years, including components for military radars and targeting equipment, components for military support, combat aircraft and naval vessels.

Existing UK arms export criteria say that if there is a “clear risk” that a weapon might be used in a serious violation of international humanitarian law (IHL) then an arms export should not be licensed.

Since 2015 there have been £472m in limited value “standard” licence grants and 58 unlimited value “open” licences to Israel, according to the organisations, which argue that open licences lack transparency and allow for unlimited quantities.

In January, court documents revealed that Foreign Office legal advisers were unable to conclude that Israel was in compliance with international humanitarian law (IHL) in its bombardment of Gaza. On 18 December, the government decided to continue arms sales licenses despite serious concerns expressed by Foreign Office officials about aspects of the Israeli assault against Hamas.

As a result, the court said that the criteria requiring the UK Department for Business and Trade to consider whether there is a risk the items might be used in a violation of international law must be “clear” and has to be “of a serious violation”.

The court refusal seen by the Guardian said there was a “high hurdle” to be overcome to establish the government’s conclusion was “irrational”, and added: “There is no realistic prospect of that hurdle being surmounted here.”

Glan said the high court’s decision is out of step with the growing international consensus.

In January the international court of justice ruled in The Hague that Israel must ensure its forces do not commit acts of genocide against Palestinians in Gaza.

Last week a Dutch court ordered the government of the Netherlands to stop supplying F35 fighter jet parts to Israel within seven days, citing violations of international and humanitarian law. Italy and Spain also blocked all arms exports to Israel as soon as the attacks in Gaza started.

The Department for Business and Trade has been approached for comment.