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High Court Upholds UK Exports of F-35 Parts to Israel

The court ruled that decisions on defence export licences rest solely with the government

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An Israeli air force F-35 fighter lands during the "Blue Flag" multinational air defence exercise at the Ovda air force base, north of the Israeli city of Eilat, on October 24, 2021. - Israel is holding its largest-ever air force exercise this week, joined by several Western countries and India, with the United Arab Emirates air force chief visiting the drills. (Photo by JACK GUEZ / AFP) (Photo by JACK GUEZ/AFP via Getty Images)

Overview

  • The High Court dismissed Al-Haq’s challenge to block components for F-35 jets, finding that licence decisions fall under executive authority
  • Lord Justice Males and Mrs Justice Steyn held that courts lack jurisdiction to force the UK’s withdrawal from essential multilateral defence collaborations
  • Defence Secretary John Healey’s advice on the security and alliance impacts of halting F-35 licences underpinned the carve-out
  • The UK contributes about 15 percent of each F-35 jet through a global programme, complicating any unilateral export suspension
  • Al-Haq and supporting NGOs say they will pursue further legal and political avenues to challenge the exemption