Events in Gaza a ‘live-streamed genocide’, High Court told
Al-Haq, a Palestinian human rights organisation, is bringing legal action against the Government over the export of fighter jet parts.
The conflict in Gaza is a “live-streamed genocide”, the High Court has been told.
Al-Haq, a Palestinian human rights organisation, is bringing legal action against the Department for Business and Trade over decisions about licences to export weapons and military equipment to Israel.
In September last year, the Government suspended licences following a review of Israel’s compliance with international humanitarian law in the ongoing conflict, but an exemption was made for some licences related to components of F-35 fighter jets.
Lawyers for Al-Haq claim the Government misunderstood the relevant parts of international law when allowing the unlawful “carve-out” for the parts for the planes described as “the most lethal fighter jets in the world”.
The Government is defending the legal challenge, including by saying that it is not possible to suspend the F-35 related licences to Israel without negatively impacting a wider international programme.
At the start of a four-day hearing at the High Court in London, Raza Husain KC, for Al-Haq, said the “carve-out” “gives rise to a significant risk of facilitating crime”.
He said on Tuesday: “This claim being heard against the backdrop of human calamity unfolding in Gaza, the extremity of which is difficult to convey in words.”
Mr Husain said that around 2.2 million people live in Gaza, which is around the size of the Isle of Wight, and that around 55,000 Palestinians had been killed between October 2023 and April this year.
The barrister said in written submissions: “In just over 18 months, Israel has decimated an entire society.”
“That Israel has acted in this way is demonstrable and incontrovertible.
“What is happening in Gaza is a live-streamed genocide,” he added.
Mr Husain later said that the Government failed to properly assess whether the continued export of F-35 parts was compliant with part of the Geneva Conventions when there was a clear risk the parts might be used to commit or facilitate violations of international humanitarian law by Israel.
At a preliminary hearing, the High Court was told that the decision to “carve out” licences related to F-35 components followed advice from Defence Secretary John Healey, who said a suspension would impact the “whole F-35 programme” and have a “profound impact on international peace and security”.
The F-35 programme is an international defence programme which produces and maintains the fighter jets, with the UK contributing components for both assembly lines and an international pool.
Sir James Eadie KC, for the Government, said in written submissions that the “carve out” is “consistent with the rules of international law”.
The barrister, who is expected to make oral submissions later this week, continued: “Many of the arguments advanced by the claimant seek to develop the relevant rules of international law beyond the positions that have to date been adopted by international courts or tribunals.”
Sir James also said that part of the case was not able to be decided by the court, as he said it is unable to decide whether Israel has breached international law obligations.
He added: “The nature of the allegations, and considerations of comity, firmly militate against this court determining a claim in which Israel’s alleged breaches of international law are put directly in issue.”
Sir James later said that some of the criticisms “are not based on a balanced appreciation of the facts, and are made without taking into account: the true depth and range of the information-gathering and analysis which was undertaken by the Government in reaching the September decision; or the inherent limitations to which the analysis and assessment were subject”.
Dozens of protesters gathered outside the Royal Courts of Justice ahead of the hearing, waving banners and chanting.
Speaking to gathered demonstrators, former Labour leader Jeremy Corbyn said: “We’re here again, and just in case the British Government and the Israeli government have missed the message, we are not going away.
“We are standing with the Palestinian people for as long as it takes.”
Charities Oxfam and Amnesty International, as well as Human Rights Watch, are intervening in the case, with Oxfam expected to make submissions on Wednesday.
The hearing before Lord Justice Males and Mrs Justice Steyn is due to conclude on Friday with a decision expected in writing at a later date.
