The Divisional Court has today handed down judgment in R (Al-Haq) v Secretary of State for Business and Trade [2025] EWHC 1615 (Admin).
The claim was launched by Al-Haq, a Palestinian NGO, in December 2023 as a challenge to UK Government decisions not to suspend export licences for military equipment for Israel in the context of the conflict in Gaza. On 2 September 2024, the Government decided to suspend exports of certain weapons to Israel. It did so explicitly because the Government had formed the view that Israel was not committed to compliance with international humanitarian law in the conflict in Gaza and that there was therefore a clear risk that such items might be used in that conflict to commit or facilitate a serious violation of IHL.
The Government decided, however, to continue to export F-35 fighter jet components based on the claim that disruption to the F-35 supply chain would damage NATO’s security. The Divisional Court considered whether the F-35 carve-out was lawful over a four-day hearing in May 2025.
The Divisional Court refused permission to bring a claim for judicial review. It held that the decision to withdraw from the F-35 programme because of the prospect that some UK manufactured components will or may ultimately be supplied to Israel, and may be used in the commission of a serious violation of IHL in the conflict in Gaza, was an acutely sensitive and political issue which was a matter for the executive not for the courts.
Zac Sammour and Aliya Al-Yassin acted for the Claimant, together with colleagues from other chambers in a team led by Phillippa Kaufman KC, Raza Hussain KC, Blinne Ni Ghralaigh KC.
Al-Haq is represented by Dearbhla Minogue, Charlotte Andrews-Briscoe, Jennine Walker, George Collecott and Sicelo Ngwenya at the Global Legal Action Network, supervised by Alice Hardy at Bindmans.
The challenge, which is one of The Lawyer’s Top 20 cases for 2025, has been widely reported.
The judgment is available here.
