Palestinians mark Nakba as hearing on UK government’s arms sales to Israel continues

The UK government is under legal scrutiny this week over arms sales to Israel as Palestinians on Thursday commemorated the 77th anniversary of the Nakba, when  over 750,000 Palestinians were forcibly expelled from their homes by Zionist militias to pave the way for the creation of Israel in 1948.

A four-day hearing started in the UK High Court this week in a case brought by rights groups al-Haq and Global Legal Action Network (GLAN), with lawyers and human rights experts arguing that the UK’s sales of F-35 fighter jet parts to the Israeli military is unlawful.

According to Dearbhla Minogue, a lawyer for GLAN, today’s hearing will centre on the government’s defence, which includes several technical arguments she says are "aimed at stopping the courts even considering whether international law has been breached".

"They disagree that there is a serious risk of genocide, and that therefore they are under no obligation to prevent genocide. The reasons are that (1) there is no "evidence of a high-level strategic decision, passed down through military chains of command", unlike Bosnia," Minogue explained.

The UK government also claim that officials had not seen evidence of deliberate attacks on women and children, therefore stating that Israel could not harbour genocidal intent.

According to a report from Campaign Against Arms Trade (CAAT), the government refused to include F-35 components in its partial arms suspension to the Israeli military, despite admitting that there is a clear risk they can be used to violate International Humanitarian Law.

The UK government instead argued that the impact of suspending F-35 components on operations in Gaza is likely to be "minimal" given that the Israeli army "is one of the most significant and well-equipped militaries in the world". 

However, Freedom of Information requests obtained by CAAT revealed that Israel is using F-35s at five times the normal rate, which has led to a very high demand for spare parts and that open license for spare parts was used 14 times more in 2023 than in any other year.

Both Amnesty International and Human Rights Watch participated in the case, submitting evidence to the courts which illustrates how the Israeli authorities are violating international humanitarian law, as well as demonstrating a legal argument regarding the UK government’s failure to implement its obligations to prevent genocide.

Emily Apple, CAAT’s media coordinator, called the increase in military exports to Israel "shocking".

"This is the Labour government aiding and abetting Israel’s genocide in Gaza. It is sickening that instead of imposing a full two-way arms embargo, Keir Starmer’s government has massively increased the amount of military equipment the UK is sending to Israel," she said in a statement.

"Ultimately, we hope this case will end the most significant part of the UK’s arms sales to Israel. However, while this would be a massive victory, it will not be enough. The arms export figures revealed today show that this government is increasing the amount of military equipment it is export to Israel – we need to keep up the pressure, demand a full arms embargo…" she told The New Arab.

Palestinians mark Nakba anniversary

The hearing comes as Palestinians commemorate the Nakba around the world, drawing parallels to Israel’s ongoing bombardment of the Gaza Strip, and regular raid and arrest campaigns in the occupied West Bank.

In the West Bank, Palestinians took part in marches on Thursday, decrying Israeli occupation and demanding the right of return.

The international Boycott, Divestment and Sanctions movement called for mass mobilisation and civil disobedience to mark the anniversary of the Nakba.

Grazia Careccia, Deputy Regional Director for the Middle East and North Africa and head of the Israel-Palestine team at Amnesty International, told The New Arab that to this day, the Palestinian right of return continues to be denied, and for over 80 days, Israel has imposed a total siege on Gaza.

"Israel’s callous disregard for international law cannot be allowed to continue. States must stop granting Israel impunity. They must immediately halt their arms transfer to Israel and urgently act to bring an end to Israel’s genocide in Gaza. This is why Amnesty International intervened in this case," Careccia said. 

"The end to Israel’s violations of Palestinians’ rights, starting with its unlawful occupation of the Occupied Palestinian Territory as requested by the International Court of Justice in its July’s Advisory Opinion, is the precondition to restore rights and any faith in international law," she continued.

 Apple also weighed in, telling The New Arab: "It is heartbreaking to listen to the government justifying its complicity in Israel’s genocide on the anniversary of the Nakba. It is a reminder of the importance of the case, and the many years that the government has failed Palestinian people."

"This has to end. Today, more than ever, the UK needs to stand with Palestine, and let people know that we will not be silent, and that we will do everything in our power to stop Israel’s genocide," she said.