Government Accused of ‘Facilitating Genocide’ in Gaza Over Shipment of Fighter Jet Parts to Israel

The UK Government has been accused of being “disingenuous” in both court and Parliament and of “facilitating genocide” over its position on shipments of F-35 fighter jet parts to Israel. 

The claim was made by Global Legal Action Network (GLAN) and Al-Haq who took the Government to the High Court last week in an attempt to stem the supply of parts that may be used — in breach of international humanitarian law — in Gaza.

Al-Haq, a group based in the Israeli-occupied West Bank, took legal action against Britain’s Department for Business and Trade over its decision to exempt F-35 parts when it suspended some arms export licences last year. The case, which concluded on 16 May, was supported by a raft of British human rights groups including GLAN, Amnesty, Human Rights Watch and Oxfam.

Following the hearing, Gearóid Ó Cuinn, director of GLAN, said the Government has now been “exposed as being disingenuous in Parliament and in court” and added that “this merry-go-round of delay and inaction is facilitating genocide and needs to stop”.

He lamented that a decision in its challenge, will “come far too late for the people of Gaza who are being starved to death”, but urged the Government to “immediately end arms sales and other forms of military support to Israel and apply sanctions”.

On Thursday, The Guardian reported that 29 children and elderly people had died from starvation in Gaza in the last two days, and the UN warned this week that 14,000 Palestinian babies could die over the coming year unless action is taken to ease the crisis.

Ó Cuinn comments also came as Britain issued fresh sanctions against Israel over its “morally unjustifiable” escalation of violence, and demanded an end to its “cruel and indefensible” 11-week block on humanitarian aid which Foreign Secretary David Lammy branded as “monstrous”.

In parliament, the Government has maintained its claim that it is for the courts to decide whether Britain is complying with its legal obligations in respect of the shipment. On 14 May, Hamish Falconer, Parliamentary Under-Secretary of State for Middle East, North Africa, Afghanistan and Pakistan stated: “Whether or not we abide by our legal obligations is a question that will be determined by the courts. It is being determined by the courts this week, so I will leave it to the courts to make judgments on our obligation”. 

Yet in court, the Government argued the opposite, saying the matter was not for the judiciary to examine.

The Government has been telling parliament that it is unable to answer questions regarding its decision to indirectly arm Israel because that decision is being tested in the courts, and at the same time telling the judiciary that it cannot examine that decision because that is the role of parliament

Charlotte Andrews-Briscoe, lawyer at Glan

Andrews-Briscoe added: “All of this is happening in the context of Israel’s ever-escalating efforts to annihilate the Palestinian people. The UN’s humanitarian chief has warned that 14,000 babies could die in Gaza in the next 48 hours without aid. Will nothing move this government to act?”

The Government’s lawyers argued during the hearing that there is “a tenable view that no genocide has occurred or is occurring”.

The court heard that, although the Government accepted that “conduct which could, in principle, satisfy the physical component of genocide continues to take place in Gaza” — they believe the Israeli Government has shown no intent to commit genocide. 

Al Haq and GLAN submitted over 100 pages of evidence of Israeli officials demonstrating, in their estimation, intent to commit genocide. This included, then, Israeli defence minister Yoav Gallant’s claim that they had “released all restraints” on the IDF’s military activities, while referring to Palestinians as “human animals”, and statements from the commanders of military units that “we need to make sure that wherever the IDF meets Gaza there is devastation”, and “unfortunately I learned that there is no innocence in Gaza”.

A Government assessment of Israel’s ability to abide by International Humanitarian Law conducted between 25 April to 19 June 2024 shown to the court concluded: “We have previously assessed that we have high confidence in Israel’s capability to comply with IHL across the board. While Israel remains highly capable, we have some reason to question short-term capacity within relevant agencies to deal appropriately with the high volume of humanitarian aid access requests and the rapid increase in the number of detainees. Capability to resolve these issues in the longer term exists within the wider system.”

Al Haq and GLAN accuse the Government of a flawed methodology in its genocide assessments. The court heard that when assessing an 11-month period, from October 2023 to the start of September 2024, the Government examined 413 incidents and determined only one as a possible breach of international law — the incident in which foreign aid workers at World Central Kitchen were pursued and killed by drones. 

The same assessment that found Israel to be “highly capable of complying with IHL” also recommended that the “Foreign Secretary comes to the view that: Overall, Israel is not committed to complying” with International Humanitarian Law.

The Government also claimed it had seen “no deliberate targeting of women and children”, and therefore “no serious risk of genocide”.

In the 19 months since the challenge was first brought, the UK Government had been provided in court with evidence—including of young children being sniped in the head and heart, of a grandmother being sniped whilst walking with her 5-year-old grandson who was carrying a white flag, of tanks crushing civilians, and of Gaza’s entire healthcare system having been methodically dismantled. 

The Government had in its own evidence a report titled “Research Report: Long-Range Shootings or Shootings of Minors” but it was withheld from the court despite a duty to disclose it, and an explicit request being made to do so.

On 19 May, 65 MPs from different parties signed a letter urging the Government to release its genocide risk assessments on Gaza, stating: “If these subsequent assessments have not led you to conclude that there is a serious risk of genocide in Gaza, triggering your obligation to prevent, we must ask how adequate your assessments are.”

The Foreign Commonwealth and Development Office refused a request for comment.