Tag: F-35

Arms to Israel: the Appeal starts


Appeal in the High Court over arms to Israel starts

May 2025

The appeal against a lower court’s decision on the question of the UK government’s decision to continue supplying arms to Israel started in the High Court yesterday, 13th May and is expected to last 4 days. The appeal has been brought by al Haq and supported by Amnesty, Human Rights Watch, Oxfam and Global Legal Action Network.

The question of arms sales and sales to Israel causes difficulties for government since it is heavily invested in the trade. It actively supports the industry with arms fairs such as DSEI, with diplomatic support and sometimes members of royalty are deployed to cement relations particularly with the Gulf states. Many jobs depend on the industry. With current government desperate to promote growth, issues of morality and sales to unpleasant regimes are a less significant factor despite government protestations to the contrary. Over 52,000 have been killed in Gaza so far and a major build-up is being planned by the IDF.

Report issued

Meanwhile, a report has been issued and circulated by CAAT which has examined the UK’s exports of arms to Israel using Israeli tax records. Called Exposing UK Arms Exports to Israel it has been produced by the Palestinian Youth Movement, Workers for a Free Palestine and Progressive International. By examining the coding of the imports they are able to determine the nature of what we are exporting to Israel.

‘No observable decrease‘

Government ministers have claimed that ‘much of what we ship is defensive in nature’ (Hansard, 28 October 2024) and ‘no one would suggest we should not sell helmets or goggles to one of our closest allies‘ (Hansard 20 September 2024). However, the analysis shows however that 8,630 shipments have taken place in the category bombs, grenades, torpedoes, mines and missiles. There have been 299 shipments of tanks and armoured vehicles. It notes that there has been no observable decrease in shipments since September 2024.

Of particular importance, and the matter which has received most attention, is the sale of F-35 parts. This aircraft is used to drop 2,000 pound bombs on Gaza causing indiscriminate destruction and death. The government could not stop these without causing a major upset with US partners. It would ‘undermine US confidence in the UK and NATO‘ the Defence Secretary said. The licensing restrictions should have led to a reduction in aircraft parts being sent to Israel. The report shows that parts are being sent from RAF Marnham to Tel Aviv airport. There does not appear to be any reduction in shipments. At the Appeal Court hearing, UK government lawyers will argue in court this week that preserving the British role in the F-35 jet fighter programme takes precedence over the need to comply with UK laws on arms export controls, or any UK obligation to prevent a genocide in Israel.

Questions for David Lammy

Selling arms seems to take precedence over other considerations. The oft-repeated statement that the UK has ‘robust controls’ seems at variance with the facts. It claims ‘the UK’s robust export licensing criteria states that the government will not issue export licences if the items might be used to commit or facilitate serious violations of International Humanitarian Law’. A report in the National (Scotland) said that 40 Labour MPs have written to the Foreign Secretary, David Lammy, quoting the above report and claiming that he has misled the House. He has been challenged to come to the House of Commons and make a statement about his alleged false claims. Indeed he twice made those claims on the BBC Radio4 PM programme on 8 May and was fortunate that he was not challenged by Evan Davies.

Sources: BBC; CAAT; The Nation; Government statement (others in the text).

The Report can be read here:

REPORT-ExposingUKArmsExportsToIsrael-05072025Download
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High Court to decide on arms to Israel


The appeal is to be heard on May 13

May 2025

UPDATE: 8 May. The Foreign Secretary, David Lammy was interviewed on the PM programme yesterday evening [BBC Radio 4] and made the claim, twice, that he had decided to suspend arms sales to Israel. This was not true and regrettably, he was not challenged on either occasion by the interviewer, Evan Davies. Mr Lammy should be thankful that he had such an unchallenging interview, not just on this falsehood but on a range of other matters as well.

The appeal against the government’s decision to continue to supplying Israel with arms – and in particular, components for the F-35 – will be heard in the High Court starting on May 13th. The government is in something of a bind. The actions by Israel in Gaza are widely deplored and many contend amount to a war crime and genocide. But to offend the Americans by curtailing supplies of components for the F-35 used in Gaza is almost unthinkable for the government desperate as it is to curry favour with the Americans.

The action is being brought by Al Haq a human rights organisation based in Ramallah, and Global Legal Action Network consisting of lawyers and investigators which identifies and pursues legal actions against those involved in human rights violations. They have been joined by Amnesty, Oxfam GB and Human Rights Watch.

The latest edition of Campaign Against the Arms Trade (Issue 272, Spring 2025) discusses the issue of continuing military aid to Israel. It notes that ‘even our government has been forced to admit that is assesses Israel is not committed to complying with International Humanitarian Law‘. The case will be the biggest legal test of UK exports to Israel to date. They highlight an article in the Guardian by a former Foreign Office diplomat who described continued attempts by ministers to stonewall or play down evidence of what is happening in Gaza.

Over 52,000 have now been killed in the conflict. There are now reports of 57 deaths due to malnutrition mainly of children, the sick or the elderly. No aid is allowed in including food and necessary medical supplies. This has been the case now for over 60 days. Aid agencies stocks are depleted. A gloomy picture is painted on the situation in Haaretz.

We will follow the court case with great interest.

In addition to the supply of arms, there is the question of involvement of the RAF which has carried out over 250 overflights of Gaza (Declassified says 500). The chief of defence staff, Sir Tony Radakin was asked by a reporter from Declassified whether the RAF’s activities meant they were participating in Israel’s operations in Gaza? Answer came there none. They are not alone and the article reports that backbench MPs have sought answers without success. It is disturbing that the RAF are seemingly deeply involved in what is happening.

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Questionable logic by David Lammy


David Lammy suggests insufficient numbers killed in Gaza to merit calling it genocide

January 2025

As part of a statement to the House of Commons on 28 October 2024, in an answer to a question about claims by some Labour MPs about the alleged policy of genocide, annihilation and extermination of Palestinians in Gaza, the Foreign Secretary David Lammy said: “These are legal terms, and they must be determined by international courts. I agree with [Nick Timothy MP] that those terms were largely used when millions of people lost their lives in crises such as Rwanda and the Holocaust of the second world war. The way that people are now using those terms undermines their seriousness [Citation: HC Deb, 28 October 2024, C556].

Genocide is not about numbers killed

Lammy is completely wrong about this. Genocide is not defined by numbers killed. Article II of the Genocide Convention makes clear it is about killing members of a group (a); causing serious bodily or mental harm to members of the group (b) and deliberately inflicting on to a group conditions calculated to bring about its physical destruction in whole or in part (c). Numbers killed is not mentioned. Is Lammy suggesting that if yet more are killed, some kind of threshold will be reached at which point they will deem it genocide?

The minister will be well aware of the many reports concerning actions in Gaza. Organisations such as Human Rights Watch, Amnesty International, B’Tselem, Médicins sans Frontières, the UN and various agencies of the UN, have all produced copious details about what is happening there.

David Lammy also states that the current situation began on October 7th 2023 with the Hamas raid into Israel killing over 2,000 Israelis and taking over 200 hostages. There is no dispute about the horror of this attack and that Hamas committed a war crime. But the history of this conflict did not begin on October 7th but in 1948.

The debate is about the Israeli response and the killing of large numbers of civilians, women and children and whether this level of killing is proportionate to the threat they face. The death toll is now around 46,000. Despite this evidence ‘the government is unable to conclude whether Israel’s bombing campaign and military operations in general violate International Humanitarian Law‘.

There have been many calls for the UK to end arms sales to Israel. The government has suspended 30 licences but parts for the F-35 continued to be made. It is this aircraft which is used to bomb Gaza. It has allowed many ‘open licences’ which does not identify weaponry and according to CAAT ‘leaves holes you can fly and F-35 through’ (CAAT News, Issue 271).

The government is frightened of upsetting the Americans by stopping F-35 parts being made in the UK. With Donald Trump to become the president in a few days, cancelling the contract is politically impossible for them. It also shows the power of the arms industry to call the shots as far as government policy is concerned. In the same debate Lammy claims that ‘we have one of the most robust export licensing regimes in the world’. Despite this, evidence shows that large amounts of military equipment is finding its way to Israel. His statement to the House is a nonsense.

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