UK 'confident' in F-35 exports to Israel even as aid into Gaza halted
The UK is “confident” in its position to continue licensing the export of spare parts that could end up in Israeli F-35 fighter jets even as Israel has halted aid and electricity entering Gaza, the UK’s Middle East minister has said.
Hamish Falconer told parliament's foreign affairs committee on Tuesday that even before Israel stopped goods entering the enclave earlier this month, restrictions on items over the winter had made life “very, very difficult indeed” for people in Gaza as temperatures fell.
Tents, sleeping bags in camouflage colours and water purification systems were not allowed into Gaza because Israel deemed that they might be used for military purposes, he said.
Despite repeated calls from the British government “for some time” for Israel to lift its restrictions and moments of progress when the volume had increased, Falconer said not enough aid had gone in and what has entered the Palestinian enclave has been subject to “far-reaching” restrictions.
“It was a question that was very much on our minds as winter came in in Gaza and it was an issue on which we made limited progress, I’m afraid, with the Israeli government,” he said.
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“There is no neat and easy answer to this. We have, as you say, been calling repeatedly for a lifting of restrictions which has not happened.”
In September, the Labour government suspended around 30 arms export licences to Israel after a review found that UK-made weapons might be used in the violation of international humanitarian law in Gaza.
'We have, as you say, been calling repeatedly for a lifting of restrictions which has not happened'
- Hamish Falconer, UK Middle East minister
One key factor was the review’s conclusion that Israel had not fulfilled its duty as an occupying power to ensure that supplies essential to the survival of the population in Gaza were allowed in in sufficient quantities.
Falconer explained on Tuesday that, as a result of the assessment, weapons that could be used by Israel offensively had been restricted.
However, a specific carve-out was made for F-35 spare parts exported indirectly to Israel because it was “in the interest of international peace and security”, he said.
“We could not suspend those licences without impairing the overall F-35 supply chain which would have significant far-reaching ramifications given the importance of F-35s right across our allies and, indeed, in our own region in Europe,” Falconer said.
This is the government’s stance in an ongoing judicial review over UK arms exports to Israel, which has been brought by Palestinian human rights group Al-Haq at the High Court.
Campaigners, however, have argued that, through the carve-out, the government has failed to follow obligations it has under international treaties, including the UN Arms Trade Treaty.
The F-35 has played a critical role during Israel's offensive on Gaza and has also been used by Israel over the past year in Lebanon and the West Bank.
Asked by Liberal Democrat MP Richard Foord how the carve-out was consistent with the treaty, Falconer said that there is a provision within it for international peace and security.
“This has been looked at in great detail as you would expect by legal advisors right across government and we were satisfied that that was consistent with our international legal commitments,” he said.
'We are confident'
Committee chair Emily Thornberry, who condemned the secret filming of a UK parliamentary delegation’s visit to Israel earlier in the hearing, asked Falconer why the British government could not take the same position as the Netherlands.
“The courts in Holland have said that, actually, they can stop selling those parts or label them as not for use in Israel. That has been the Dutch position. If it’s the Dutch position, why can’t that be the British position?” she said.
In fact, the Dutch situation is a bit more complicated: the export of F-35 components made in the Netherlands directly to Israel was halted after an appeals court decision in February 2024, but it remains lawful for Dutch-made F-35 components to be exported to third countries.
In July, a Dutch court rejected a demand by rights groups to order the Netherlands to block the export of all components that could end up in Israel. They are appealing this decision.
In response to Thornberry, Falconer said that, like in the Netherlands, the UK government’s arguments would be tested by the judicial review that is scheduled to resume with a court hearing in May.
“You are waiting until the courts in May and that’s when we will find out?” Thornbery said.
“No, no. To be clear, chair, we are confident in our position, but like in Holland, there will be a court case here and they will come to a finding.”
Foord jumped back in to ask whether, given the acceleration of Israel’s breaches of international humanitarian law, the UK government “might up the pressure on arms exports with the carve-out”.
Falconer replied: “If the question is will we, in the face of further concerns, take actions on the F-35, I would just restate our position. We believe that the continued operation of the F-35 programme is critical to international peace and security for a whole range of our neighbours and our position would be as I've set it out."
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