The Palestinian NGO Al-Haq, based in West Bank, and the London-based Global Legal Action Network have lost a judicial battle waged with the UK government to prevent the export of weapons to Israel, arguing that war equipment is used in Gaza in clear human rights violation.
A Superior Court understood on Monday (30) that the decision to market or not with a country is an “extremely sensitive and political question” that is up to the government and not to judges.
In September last year, the British government partially revised licenses for sale of weapons and other Israeli equipment, suspending 30 of 350 active, on the grounds that “they could be used to commit or facilitate serious violations of international humanitarian law.”
Nevertheless, the British maintained most licenses, including components of a multinational production and maintenance program of F-35 combat aircraft, commonly used by Israel and other nations in military operations.
The NGOs then requested the revision of these exports in a court, supported by other organizations known such as Amnesty International, Oxfam and Human Rights Watch, arguing that their goal was to prevent “genocide” and the sale of weapons to “attack civilians”.
On Monday, the Superior Court of England has ruled that the judiciary has no power to determine whether Israel’s conduct in Gaza constitutes genocide or war crimes. In addition, the sale of weapons to Israel is a political decision that it is up to government ministers to take action.
The magistrates highlighted in the written decision that, “according to our Constitution, this extremely sensitive and political issue is up to the executive, which is democratically responsible to Parliament and, ultimately, before the electorate, and not before the courts.”
Lawyers who advocate the cause against Israeli trade said the British government’s decision to maintain the transfer of war equipment to Israel was directly related to concern for the “potential impact on the United States relationship.” The upper court concluded that no evidence was presented in this regard in the process.
The government of the Prime Minister, Keir Starmer, spoke after the court decision, saying that his decision making is “complete and legal” and the country “operates one of the most robust export control regimes in the world.”
