DAVID LAMMY, the Foreign Secretary, made a statement to Parliament on 2 September on the results of a review of arms export licences to Israel.
Lammy announced the suspension of 30 export licences for use by the Israeli military that could be used in Gaza. However, he stated that the ‘Open General’ licence relating to the F-35 combat aircraft, 15 per cent of which is produced in the UK, and for which Israel is one of the recipient countries, would be exempted.
This statement came on the same day that the Danish news outlet Information, together with NGO Danwatch, revealed that, for the first time, it has been possible to definitively confirm the use by Israel of an F-35 stealth fighter to carry out a specific attack in Gaza.
The attack took place on 13 July, on an Israeli-designated ‘safe zone’ in Al-Mawasi in southern Gaza, killing 90 people and injuring at least 300. The Israeli military claims that the target of the attack was Mohammed Deif, head of Hamas’s military wing. The attack involved three GBU-31 2000lb bombs, which have a ‘lethal radius’ of 360 metres, and are thus certain to kill large numbers of civilians when used in highly-populated areas. Such attacks are clear violations of the International Humanitarian Law (IHL) principles of proportionality and distinction, and are likely to be war crimes.
The use of F-35s by Israel in the attack on Gaza has been confirmed since the beginning of the war, including their use to deliver 2000lb bombs. However, it has rarely if ever been possible to establish which type of aircraft was used to attack which targets. In this case, Danwatch uncovered an article describing Israeli Defence Minister Yoav Gallant personally going to an F-35 base to thank the pilots involved, and the Israeli military has since confirmed in response to a request by Information and Danwatch that an F-35 carried out the attack.
The use of such advanced aircraft in intensive combat operations requires a constant supply of spare parts, and the US Department of Defence says it has been moving at ‘breakneck speed’ to increase the supply since the start of the war. This supply will certainly include spare parts from the UK. Exports of parts for the F-35, whether for their manufacture or for spare parts, do not require individual export licences as they are covered by an ‘Open General’ licence, and their supply is thus not recorded in regularly-published government information on export licences.
In his statement, Lammy highlighted concerns around disrupting the global supply chain for the F-35, which the UK and its allies also use. However, there is nothing to preclude the government from simply removing Israel from the list of approved recipients for the Open General licence.
Sam Perlo-Freeman, Research Coordinator for Campaign Against Arms Trade said: “The government’s statement today that it is suspending 30 arms export licences to Israel is a belated, but welcome move, finally acting upon the overwhelming evidence of Israeli war crimes in Gaza. But exempting parts for Israel’s F-35 is utterly outrageous and unjustifiable.
“These are by far the UK’s most significant arms supplies to the Israeli military, and just today we have confirmation that they have been used in one of the most egregious attacks in recent months. The government has admitted that there is a ‘clear risk’ that Israel is using fighter aircraft among other weapons to violate international humanitarian law. How can this ‘clear risk’ not apply to the F-35s? The only right and legal course of action is to end the supply of F-35 parts to Israel, along with the rest of UK arms sales.”
* Read the Danish investigation into the attack here. An English translation option is available.
* Source: Camapign Against Arms Trade