1 July 2025
The Australian Centre for International Justice (ACIJ) notes the judgment issued by the UK High Court yesterday on the challenge brought by the Palestinian human rights group Al-Haq and the Global Legal Action Network (GLAN) against the UK Government’s decision to continue the supply of indirect F-35 fighter jet parts to Israel.
While the High Court did not uphold Al-Haq’s claim, citing limitations on the role of domestic courts in assessing compliance with international law, the case has nonetheless marked a critical step in efforts to hold States accountable for arms transfers in the context of alleged atrocity crimes. The Court ruled that parts of the challenge were non-justiciable, meaning they fall outside the Court’s remit—raising serious questions about who is to hold the UK accountable against its international legal obligations. GLAN has announced that it is considering grounds of appeal.
Despite this outcome, it must be underscored that Al-Haq’s legal action in the UK has had significant impact in relation to the UK’s arms transfers to Israel. This legal action forced the UK to review and suspend certain direct weapons licences to Israel in September 2024.
ACIJ’s Legal Challenge in Australia
In November 2023, on behalf of Al-Haq, Al Mezan and the Palestinian Centre for Human Rights, ACIJ filed an initial application in the Federal Court of Australia for preliminary discovery of all export permits issued to Israel since 7 October 2023. In response, the Government revealed that no permits had been issued other than for Australia’s own defence capability since 7 October 2023.
Since then, in April to June 2024, the groups have expanded the scope of their legal submissions in an application requesting the Defence Minister revoke all current export permits that may go to or become available to Israel, and to revoke any permits issued to companies that operate on a licence-free basis to the US. This application prompted the Australian Government to announce in June it was undertaking a review of 66 current permits to Israel, which it claimed would conclude in December 2024. The Defence Department announced that to date, it had ‘lapsed or amended’ 16 permits.
ACIJ and the organisations we represent are concerned that zero transparency exists in relation to this review, including whether F-35 parts were in consideration, and whether any reassessments have been done properly according to law, and remain engaged in legal action to challenge Australia’s defence export permits to Israel.
It has been 12 months since the Government was forced to undertake this review and 6 months since it stated it would be completed, with no announcement or transparency about the conduct or outcome of the review. The lack of transparency has contributed to the public mistrust amidst credible evidence that Australian weapons parts and components have continued to be exported to Israel.
Acting Executive Director of the Australian Centre for International Justice, Ms Lara Khider said:
“This ruling does not alter the fact that the Australian Government has obligations to prevent the export of weapons, including parts and components, from facilitating atrocities in Gaza and across the region.”
“The Australian Government has not been transparent about the review, the scope of the review and the decisions it has made to date.”
“Our client’s application is not limited to F-35 fighter jet parts, but indeed, to any weapons and weapons parts and components that may go to or become available to Israel.”
“Continuing to supply parts for weapons used in the unlawfully Occupied Palestinian Territory not only risks complicity in serious violations of international law, but undermines obligations under the Arms Trade Treaty, the Geneva Conventions and the Genocide Convention. The Australian Government has taken far too long to complete the export permit review that it undertook to do 12 months ago. There has been no information disclosed in relation to how that review was conducted and the reasons for any decisions relating to the permits. Australia cannot continue sleeping at the wheel and supplying parts and components used in atrocities.”
END
For media enquiries contact the Australian Centre for International Justice at: info@acij.org.au or +61 (0)433 950 787.
