High Court refuses permission to review Government’s export decision on combat aircraft components—R (Al-Haq v Secretary of State for Business)
Public Law analysis: Judicial review—the High Court refused permission to bring judicial review proceedings in respect of the government’s decision to exclude licences for the export of components for F-35 combat aircraft which could not be identified as destined for Israel (the F-35 exclusion). On 2 September 2024, the defendant, the Secretary of State for Business and Trade (the SSBT), decided to suspend licences authorising the export of items that might be used in carrying out or facilitating Israeli military operations in the conflict in Gaza. The SSBT did so explicitly because the government had formed the view that Israel was not committed to compliance with international humanitarian law in the conflict in Gaza and that there was therefore a clear risk that such items might be used in that conflict to commit or facilitate a serious violation of international humanitarian law. The claimant, supported by the interveners, challenged the lawfulness of the F-35 exclusion, which was referred to in the judgment as the ‘F-35 Carve Out’. Written by Rowena Wisniewska Sethi, barrister at 4-5 Gray’s Inn Square Chambers.