Jeremy Corbyn, the former leader of the Labour Party who now heads the Independent Alliance in the House of Commons, has strongly censured the High Court for rejecting the challenge brought by rights groups, which sought to halt the export of British-made F-35 warplane parts to Israel.
“A truly shameful decision. It remains a moral disgrace that this government allows the supply of parts to F-35 jets, used to kill Palestinian men, women and children. This isn’t over. We will not give up until we have ended the UK’s complicity in genocide" Corbyn said.
London’s high court ruled on Monday that Britain’s decision to allow the export of the F-35 components to Israel, despite accepting they could be used in breach of international humanitarian law in Gaza, was lawful.
"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," the ruling said.
Oxfam presented powerful evidence linking the transfer of F-35 fighter jet components to Israel to the vast death and destruction in Gaza, a lawyer for the charity said.
“The evidence that Oxfam submitted demonstrated an obvious and worsening pattern of attacks by Israel on objects that are indispensable to the civilian population, including critical water and sanitation infrastructure,” said Carolin Ott, a solicitor at the law firm Leigh Day, which represented the charity.
“Coupled with the severe restrictions on humanitarian aid into Gaza, this has worsened the already dire humanitarian situation, and Oxfam provided powerful evidence to the court on the significant civilian harm that has resulted. My client is disappointed that the court has not properly grappled with these matters.”
Labour MP Richard Burgon said the ruling had made it "very clear" that the matter was one for the government and parliament, and called for an immediate vote in parliament if the government continued to export the parts.
"Let's end the passing of the buck. Let's end the saying it's for the courts to decide. The government needs to take moral responsibility now and decide whether or not it wants to continue complicity in genocide," Burgon said.
"If it makes the wrong decision, it won't necessarily be the courts that they need to be scared of in terms of judgment. It will be the judgment of people, the judgment of history, but mostly importantly, the judgment of the Palestinian people who deserve self-determination."
Glan and Al-Haq, and the three British human rights campaigns which are parties to the case, argued that under the Arms Trade Treaty and the Genocide Convention, the UK, as a state party to both, is obligated to stop sending the parts and that, by failing to follow its obligations, is threatening the rule of law globally.
Al Haq, the Palestinian human rights group which brought the legal challenge along with the UK-based Global Legal Action Network (Glan), said on Monday that the court had failed to meet its demands, but that the groups had "achieved a partial suspension of UK arms to Israel, exposed [government] complicity in war crimes and rallied public support. This is a breakthrough & just a start. We fight on for justice".
Yasmine Ahmed, the director of Human Rights Watch, one of three British human rights groups which intervened in the case, said she and others were "incredibly disappointed" by the ruling.
“Judicial deference to the executive in this case has left the Palestinians in Gaza without access to the protections of international law, despite the government and the court acknowledging that there is a serious risk that UK equipment might be used to facilitate or carry out atrocities against them," Ahmed said.
“The atrocities we are witnessing in Gaza are precisely because governments don’t think the rules should apply to them. This perception of impunity, which has been reinforced by the government’s unwillingness to suspend arms licensing, has led to unimaginable horrors and atrocities being carried out on Palestinians”.
The UK-made F-35 components make up 15 per cent of every F-35, one of the world's most sophisticated warplanes Israel has used extensively in its campaign of genocide in Gaza and its aggression against Lebanon. Israel has massacred more than 56,500 people in Gaza since October 2023, according to the Gaza health ministry.
Radio Havana Cuba