Carve-out for F-35 parts prioritised ‘US confidence in UK and Nato’ over risk of rights violations, court documents show
as it would undermine US confidence in the UK and Nato and have a “profound impact” on international peace and security, court documents reveal.because of a “clear risk” they might be used to commit or facilitate a serious violation of international humanitarian law .
The government is opposing the legal challenge, with its lawyers telling the court that the licensing of arms exports to Israel “is being kept under close and continuous review”. A key point in the September decision said: “The F-35 carve-out accepts that there is clear risk that F-35 components might be used to commit or facilitate a serious violation of IHL but determines that in the exceptional circumstances outlined by the defence secretary, these exports should nonetheless continue.”
As of September 2024, there were 361 extant licences for exports to Israel, of which 34 export licences were identified as “red licences”, or assessed as those which could be used for military operations for the conflict in Gaza, including components for combat aircraft, military helicopters and targeting equipment, among others. Five of those related to F-35 components, according to court documents.
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