High Court refuses Al-Haq permission for judicial review of September 2024 government decision relating to components for F35 aircraft

Al-Haq is an independent Palestinian non-governmental human rights organisation established in 1979 to protect and promote human rights and the rule of law in the Occupied Palestinian Territory (OPT). The organisation has special consultative status with the United Nations Economic and Social Council.

See About Al-Haq

On 2^nd September 2024, Jonathan Reynolds MP (Secretary of State for Business and Trade) decided to suspend licences authorising the export of items that might be used in carrying out or facilitating Israeli military operations in the conflict in Gaza. He did so

explicitly because the Government had formed the view that Israel was not committed to compliance with international humanitarian law ('IHL') in the conflict in Gaza and that there was therefore a clear risk that such items might be used in that conflict to commit or facilitate a serious violation of IHL. 

But, the exclusion had a "carve out" ... 

The Secretary of State excluded from that suspension licences for the export of components for F-35 combat aircraft which could not be identified as destined for Israel. In a claim for judicial review, Al-Haq sought permission to challenge the lawfulness of the exclusion (referred to as the 'F-35 Carve Out').  Al-Haq's claim was supported by interveners including Oxfam, Amnesty International UK, Human Rights Watch.

On Monday 30 June 2025, the High Court refused Al-Haq permission to bring judicial review. The judgment may be read at R (Al-Haq) v Secretary of State for Business and Trade [2025] EWHC 1615 (Admin) - Males LJ and Steyn J.

All of the claimant's grounds of challenge were dismissed. The court commented - 

'It is important to understand what this case has been about and what it has not been about. It has not been about whether the UK should supply arms or other military equipment to Israel. That decision has been made by the Secretary of State, who has decided, in the September Decision, that it should not. The decision not to supply such arms extends in principle to F-35 components which can be identified as destined for Israel.

Rather, this case has been concerned with a much more focused issue. That issue is whether it is open to the court to rule that the UK must withdraw from a specific multilateral defence collaboration which is reasonably regarded by the responsible Ministers as vital to the defence of the UK and to international peace and security, because of the prospect that some UK manufactured components will or may ultimately be supplied to Israel, and may be used in the commission of a serious violation of IHL in the conflict in Gaza. Under our constitution that acutely sensitive and political issue is a matter for the executive which is democratically accountable to Parliament and ultimately to the electorate, not for the courts. 

Notes

1) The High Court heard argument at a "rolled up hearing" held over the period 13^th - 16^th May 2025

2) The challenge was to the lawfulness of the F-35 Carve Out as an element of the September Decision. In other words, the application concerned the lawfulness of the export situation as it stood at the time the decision was made. Further developments were not relevant. Such developments included the Foreign Secretary's statement to Parliament on 20 May 2025.

Hansard 20 May 2025 - Statement by Foreign Secretary - announced the the government had "suspended negotiations with this Israeli Government on a new free trade agreement" and would "be reviewing co-operation with them under the 2030 bilateral road map. The Netanyahu Government’s actions have made this necessary." (Quotes from the Foreign Secretary's statement). 

3) UK Defence Journal - How British is the F35? According to Lockheed Martin:

“The fingerprints of British ingenuity can be found on dozens of the aircraft's key components. BAE Systems, GE Aviation, Martin-Baker, SELEX, Cobham, Ultra Electronics, UTC Actuation Systems and Rolls-Royce are just a few of the more than 100 U.K.-based suppliers for the program.”