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4h ago

Appeal Judges Hear Al-Haq Bid to Challenge UK F-35 Export Carve-Out

The rights group seeks permission to overturn a High Court ruling that left a government exemption for F-35 parts in place to safeguard the jet programme.

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Pro-Palestinian campaigners demonstrated outside weapons manufacturer BAE Systems's Rochdale site on Tuesday. Getty Images
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Overview

  • The Court of Appeal held a public permission hearing at 10:30 a.m. at the Royal Courts of Justice before Lady Justice King, Lady Justice Whipple and Lord Justice Dingemans.
  • Al-Haq’s lawyers said officials failed to weigh the risk that UK-supplied parts could facilitate widespread war crimes against the different risk of disrupting the F-35 programme.
  • They also argued the carve-out is justiciable because it is a London-made decision about exports from the UK and therefore falls within domestic jurisdiction.
  • The government, represented by Sir James Eadie KC, urged judges to refuse permission, calling the arguments unarguable and asking for finality, with a written decision to follow.
  • The challenge targets last year’s exemption for F-35 components maintained on Defence Secretary John Healey’s advice to protect the multinational programme, a carve-out the High Court upheld in June, as NGOs back the case and UN experts criticized recent US sanctions on Al-Haq.