The High Court ruled that it is for the UK government — rather than the courts — to decide whether national security concerns outweigh evidence that Israel is not complying with international humanitarian law (IHL). This ruling was upheld by the Court of Appeal.
The Court did not rule on whether the government’s “loophole” for continued arms sales, specifically F-35 components, is compatible with international law. Instead it found that it is not the Court's remit to judge the government’s policy in this regard.
This leads to a serious gap in accountability for government arms policy, and effectively closes pathways to legally challenge the government’s decisions on arms sales.
The ruling has been widely condemned by human rights groups, legal scholars, and UN bodies, all of which have concluded that Israel’s actions in Gaza amount to genocide.