Tuesday 18 February 2025
The Australian Centre for International Justice (ACIJ) joins over 230 civil society organisations in a global call for all government partners in the F-35 fighter jet supply chain, including the Australian government, to immediately halt all direct and indirect transfers of F-35 parts and components to Israel in accordance with their international legal obligations.
Australia, along with other F-35 partner countries including Canada, Denmark, Italy, the Netherlands, Norway, UK and US, have thus far refused to cease exporting parts and components manufactured in their countries for use in F-35 fighter jets, despite their ultimate end use by Israel in aerial attacks that have caused devastating and irreparable harm to Palestinians in Gaza.
Israel’s use of F-35 jets (with Australian made sole-source parts) in its wide-scale bombardment of Palestinians in Gazahas been publicly documented. In one such instance, an F-35 jet was used by Israel in July 2024 to drop three 2,000 lb bombs on Al-Mawasi in Khan Younis, Gaza, a so-called “safe zone”, killing 90 Palestinians.
Despite clear international legal obligations requiring all F-35 partner governments to halt arms exports to Israel, these governments—including Australia—continue to facilitate the transfer of arms and components, both directly and indirectly.
Civil society organisations in several F-35 partner jurisdictions have initiated legal action to challenge the direct and indirect export of parts and components in the F-35 supply chain to Israel, seeking to hold governments accountable. The ACIJ has led the Australian challenge, acting on behalf of a group of Palestinian human rights organisations Al Haq, Al Mezan Center for Human Rights and the Palestinian Centre for Human Rights.
In November 2023, the ACIJ filed for preliminary discovery of all export permits issued to Israel since 7 October, in the Federal Court of Australia. Although the case was discontinued, as no permits were issued apart from those related to Australia’s own defence capabilities, the ACIJ has since pursued further legal action on behalf of its clients for reasons related to broader issues of transparency and accountability, and the urgent need for review of decision-making processes in the context of defence exports.
From April to June 2024, the ACIJ engaged in legal submissions and arguments requesting the Australian Defence Minister revoke all current or extant export permits that may be issued to Israel and further requested the revocation of permits granted to companies operating on a licence-free basis with the United States due to existing treaties.
In response to this application, the Australian government announced in June 2024 that it would review 66 current or extant permits to Israel with the review scheduled to conclude in December of that year. In November, it was revealed that 16 of these export permits had either “lapsed” or been “amended” with no further clarity provided.
The ACIJ continues to hold significant concerns regarding the lack of transparency in the Australian government defence export review process.
While the ACIJ, together with over 230 civil society organisations, have welcomed the limited temporary ceasefire, they have also stressed that the past 16 months have illustrated with devastating clarity how Israel continues to flout its international law obligations with impunity. It is indefensible for governments to continue arms transfers to Israel, and by doing so, these governments potentially implicate themselves in the commission of international crimes.
Acting Executive Director of the Australian Centre for International Justice, Ms Lara Khider said:
“Australian parts and components are being used on F-35 fighter jets, including parts and components from Australian “sole-source providers”. This raises grave concerns that Australian parts and components are involved in the atrocities we have seen unfold in Gaza over the last 16 months.
The Australian arms export regime continues to be shrouded in secrecy, with a significant lack of transparency over the decision-making processes governing export permit approvals. This secrecy has prevented proper scrutiny of government decisions and public accountability.
While the Australian government has recently disclosed that 16 export permits to Israel have lapsed or been amended, it remains unclear whether Australian parts and components used in the F-35 fighter jet have been reassessed as part of this review.
The Australian government must provide full disclosure of the decisions that have been made to grant, refuse or revoke export permits directly to Israel or indirectly to another country where parts or components may then later become available to Israel. An immediate two-way arms embargo is, in any case, an essential bare minimum measure to ensure that Australia does not, directly or indirectly, contribute to violations of international law in the Occupied Palestinian Territory.”
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For media enquiries contact the Australian Centre for International Justice at: info@acij.org.au
Read the joint letter from more than 230 global civil society organisations calling on F-35 partner countries to halt arms exports to Israel here.
