13 May UK Arms Exports to Israel Under Legal Scrutiny as High Court Hearing Begins

Amnesty International UK and Human Rights Watch Intervene in Landmark Case

A four-day judicial review hearing has begun at the High Court in London to examine the legality of the UK government’s continued arms exports to Israel. The case, brought by Palestinian human rights organisation Al-Haq, challenges the government’s decision on 2 September 2024 to continue licensing the export of components used in F-35 fighter jets—aircraft deployed in bombing and other military operations in Gaza. At the same time, the UK had suspended other arms exports due to the risk of violations of international law.

Amnesty International UK and Human Rights Watch are Interveners in the case. This means that the Court has permitted them, alongside Oxfam, to make submissions to assist the court in determining the case. They have long histories of working to promote, protect, and monitor human rights in the UK and internationally and specific knowledge of the situation in Gaza as well as expertise in the international law governing arms control, humanitarian law and genocide.

Their submissions focus on the UK’s duty to prevent genocide under Article 1 of the Genocide Convention 1948, which requires states to take proactive steps to prevent genocide—including halting the export of lethal weapons to states where there is a serious risk of such crimes occurring. While the UK government argues that this duty only arises when genocide is already underway, Amnesty and Human Rights Watch contend that a precautionary approach is essential, and that the obligation is engaged where there is a serious risk of genocide occurring.  They cite independent evidence indicating that the threshold of serious risk has been met.  By the date of the challenged decision, 2 September 2024, United Nations reports indicated that over 41,000 people had been killed in Gaza, including more than 15,000 children. Additionally, more than 60% of residential buildings had been destroyed, and 96% of the population faced food insecurity due to the destruction of civilian infrastructure by Israeli military operations.  Other estimates of the loss of life are much higher.

A copy of the written submissions can be downloaded here.

The Court is expected to reserve judgment, meaning a written decision will be issued at a later date following the conclusion of the hearing.

Legal Representation:

Amnesty International UK and Human Rights Watch are represented by Sue Willman, Daniel Carey and Ahmed Ali of Deighton Pierce Glynn Solicitors. Counsel instructed are Jemima Stratford KC of Brick Court Chambers, Conor McCarthy of Monckton Chambers, Anthony Jones of 4 New Square Chambers and Hugh Whelan of Monckton Chambers.

Press Contacts:

Amnesty International UK: press@amnesty.org

Human Rights Watch: press@hrw.org

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