Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what recent assessment he has made of the potential risk of UK-made parts for the F-35 fighter aircraft that are re-exported to Israel being used in violations of international law.
As set out in the Foreign Secretary's statement to Parliament on 2 September 2024, following consideration of the detailed International Humanitarian Law (IHL) assessment, he concluded, and the Secretary of State for Business and Trade agreed, that there is a clear risk that military exports to Israel, where used for military operations in Gaza, might be used to commit or facilitate serious violations of IHL. That assessment includes components exported to the global F-35 programme that will ultimately be used in Israeli F-35s. In accordance with the Strategic Export Licencing Criteria (SELC), licences for items we assess might be used to carry out or facilitate Israeli military operations in the Gaza conflict have therefore been suspended.
However, as set out in the Secretary of State for Business and Trade's statement, it is not currently possible to suspend licensing of F35 components for use by Israel without prejudicing the entire global F35 programme, including its broader strategic role in NATO and our support to Ukraine. Therefore, as announced to Parliament in that statement, the Foreign Secretary advised and the Secretary of State for Business and Trade agreed, that to ensure international peace and security it was necessary to take the specific measure of excluding exports to the F-35 program from the scope of the suspension, but this exclusion should not in principle apply to licences for F-35 components which could be identified as going to Israel. Departing from the Strategic Export Licencing Criteria to exclude F-35 licences from the scope of the suspension decision is consistent with HMG's published policy, which states that the application of the SELC is "without prejudice to the application to specific cases of specific measures as may be announced to Parliament from time to time."