Over 200 civil society groups claim that governments have not succeeded in preventing planes from being used to breach international law
More than 200 organisations worldwide have called on nations involved in producing F-35 fighter jets to “immediately halt all arms transfers to Israel” amid fears they have failed to prevent the planes from being used to violate international law.
The letter, signed by 232 civil society organisations, was sent on Monday to government ministers in Australia, Canada, Denmark, Italy, the Netherlands, Norway, the US and the UK as the war in Gaza reached 500 days.
The sponsors hail from the jet-building nations as well as Belgium, Jordan, Lebanon, Switzerland, Ireland, India and elsewhere. High-profile charities and NGOs, such as Human Rights Watch, Amnesty International and Oxfam, are among the sponsors.
The letter, coordinated by the Campaign Against Arms Trade (CAAT), reads: “The past 15 months have illustrated with devastating clarity that Israel is not committed to complying with international law.
“Partners to the F-35 programme have individually and collectively failed to prevent these jets from being used to commit serious violations of international law by Israel.”
It adds: “States have either been unwilling to observe their international legal obligations and/or claimed that the structure of the F-35 programme means that it is not possible to apply arms controls to any end-user, making the entire programme incompatible with international law.”
The fighter jets are made by a global consortium led by the US defence giant Lockheed Martin. British firms supply 15% of the parts as part of an international agreement with countries including Israel.
The UK government is already facing legal action over existing arms licences to Israel that includes components of F-35 fighter jets, and allegations of complicity with war crimes. Similar legal action over arms exports to Israel has also been taken in the US, the Netherlands, Denmark, Canada and Australia.
In September the UK suspended 30 out of 350 arms export licenses to Israel because of a “clear risk” they might be used to commit or facilitate a serious violation of international humanitarian law. The government exempted F-35 components, and said that it was not possible to suspend licensing the components without affecting the global programme and has justified the components for wider reasons of “international peace and security”.
More than 48,000 people have been killed in Gaza, with some researchers estimating that the death toll is 40% higher than figures from the Palestinian territory’s heath ministry. Most of the population have been forcibly displaced, and 69% of its infrastructure has been damaged by Israel’s bombardment, according to the United Nations Satellite Centre.
The letter said the “fragility” of the current temporary ceasefire underscores the risk of further violations in Gaza and the occupied West Bank. It accused states of being “unwilling” to observe their legal obligations or claiming that the programme meant it was not possible to apply arms controls to any end user, “making the entire programme incompatible with international law”.
All the countries as part of the F-35 programme are parties to the arms trade treaty (ATT) – excluding the US which is a signatory – which is required to prevent the direct and indirect transfers of military equipment where there is risk of violations of international humanitarian law.
The UK has blocked licences supplying arms for Israel’s offensive use in Gaza solely on the grounds of potential maltreatment of Palestinian detainees and Israel’s controls on the supply of humanitarian aid into Gaza. It has refused to come to a judgment on allegations that Israel has used disproportionate force, exposing a potential future gap in UK arms legislation.
“Despite these devastating realities and crimes on the ground, our governments have continued to supply Israel through the F-35 programme,” the letter added.
“The F-35 jet programme is emblematic of the west’s complicity in Israel’s crimes against Palestinians. These jets were instrumental in Israel’s 466-day bombardment of Gaza, in crimes that include war crimes, crimes against humanity, and genocide,” said Katie Fallon, advocacy manager at CAAT.
“Since the limited ceasefire the US government, and lead partner to the F-35 programme, has threatened Gaza with mass ethnic cleansing and forced displacement. This programme gives material and political consent from all western partners, including the UK, for these crimes to continue.”
A UK government spokesperson said: “In September we suspended export licences to Israel for items used in military operations in Gaza.
“F-35 components have been excluded because it is not possible to suspend licensing of F-35 components for use by Israel without prejudicing the entire global F-35 programme, including its broader strategic role in Nato and military support to Ukraine.”
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