Arms to Israel: the Appeal starts

Appeal in the High Court over arms to Israel starts

May 2025

The appeal against a lower court’s decision on the question of the UK government’s decision to continue supplying arms to Israel started in the High Court yesterday, 13th May and is expected to last 4 days. The appeal has been brought by al Haq and supported by Amnesty, Human Rights Watch, Oxfam and Global Legal Action Network.

The question of arms sales and sales to Israel causes difficulties for government since it is heavily invested in the trade. It actively supports the industry with arms fairs such as DSEI, with diplomatic support and sometimes members of royalty are deployed to cement relations particularly with the Gulf states. Many jobs depend on the industry. With current government desperate to promote growth, issues of morality and sales to unpleasant regimes are a less significant factor despite government protestations to the contrary. Over 52,000 have been killed in Gaza so far and a major build-up is being planned by the IDF.

Report issued

Meanwhile, a report has been issued and circulated by CAAT which has examined the UK’s exports of arms to Israel using Israeli tax records. Called Exposing UK Arms Exports to Israel it has been produced by the Palestinian Youth Movement, Workers for a Free Palestine and Progressive International. By examining the coding of the imports they are able to determine the nature of what we are exporting to Israel.

‘No observable decrease‘

Government ministers have claimed that ‘much of what we ship is defensive in nature’ (Hansard, 28 October 2024) and ‘no one would suggest we should not sell helmets or goggles to one of our closest allies‘ (Hansard 20 September 2024). However, the analysis shows however that 8,630 shipments have taken place in the category bombs, grenades, torpedoes, mines and missiles. There have been 299 shipments of tanks and armoured vehicles. It notes that there has been no observable decrease in shipments since September 2024.

Of particular importance, and the matter which has received most attention, is the sale of F-35 parts. This aircraft is used to drop 2,000 pound bombs on Gaza causing indiscriminate destruction and death. The government could not stop these without causing a major upset with US partners. It would ‘undermine US confidence in the UK and NATO‘ the Defence Secretary said. The licensing restrictions should have led to a reduction in aircraft parts being sent to Israel. The report shows that parts are being sent from RAF Marnham to Tel Aviv airport. There does not appear to be any reduction in shipments. At the Appeal Court hearing, UK government lawyers will argue in court this week that preserving the British role in the F-35 jet fighter programme takes precedence over the need to comply with UK laws on arms export controls, or any UK obligation to prevent a genocide in Israel.

Questions for David Lammy

Selling arms seems to take precedence over other considerations. The oft-repeated statement that the UK has ‘robust controls’ seems at variance with the facts. It claims ‘the UK’s robust export licensing criteria states that the government will not issue export licences if the items might be used to commit or facilitate serious violations of International Humanitarian Law’. A report in the National (Scotland) said that 40 Labour MPs have written to the Foreign Secretary, David Lammy, quoting the above report and claiming that he has misled the House. He has been challenged to come to the House of Commons and make a statement about his alleged false claims. Indeed he twice made those claims on the BBC Radio4 PM programme on 8 May and was fortunate that he was not challenged by Evan Davies.

Sources: BBC; CAAT; The Nation; Government statement (others in the text).

The Report can be read here: