By Sam Tobin
LONDON (Reuters) – Britain is allowing parts for F-35 fighter jets to be exported to Israel despite accepting they could be used in breach of international humanitarian law in Gaza, lawyers for a Palestinian rights group told a London court on Monday.
West Bank-based Al-Haq, which documents alleged rights violations by Israel and the Palestinian Authority, is taking legal action against Britain’s Department for Business and Trade at London’s High Court.
Israel has been accused of violations of international humanitarian law in the Gaza war, with the U.N. Human Rights Office saying nearly 70% of fatalities it has verified were women and children, a report Israel rejected.
Israel says it takes care to avoid harming civilians and denies committing abuses and war crimes in the conflicts with Hamas in Gaza and Hezbollah in Lebanon.
Al-Haq’s case comes after Britain in September suspended 30 of 350 arms export licences, though it exempted the indirect export of F-35 parts, citing the impact on the global F-35 programme.
Al-Haq argues that decision was unlawful as there is a clear risk F-35s could be used in breach of international humanitarian law.
British government lawyers said in documents for Monday’s hearing that ministers assessed Israel had committed possible breaches of international humanitarian law (IHL) in relation to humanitarian access and the treatment of detainees.
Britain also “accepts that there is clear risk that F-35 components might be used to commit or facilitate a serious violation of IHL”, its lawyer James Eadie said.
Eadie added that Britain had nonetheless decided that F-35 components should still be exported, quoting from advice to defence minister John Healey that suspending F-35 parts “would have a profound impact on international peace and security”.
A full hearing of Al-Haq’s legal challenge is likely to be heard early in 2025.
The Hamas-run Gaza health ministry says more than 43,800 people have been confirmed killed since the war erupted on Oct. 7, 2023.
Hamas militants killed around 1,200 people in attacks on communities in southern Israel that day, and hold dozens of some 250 hostages they took back to Gaza, according to Israeli tallies.
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