Palestinian human rights group takes UK government to court over Israel arms exports


Soraya Ebrahimi
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Palestinian human rights organisation Al Haq took its legal action against the UK government to the High Court in London on Monday over several decisions not to suspend licences to export weapons and military equipment to Israel. The organisation told the High Court the government continued sending F-35 fighter jet components to Israel despite knowing there was a “clear risk” that they could be used to “commit or facilitate a serious violation” of international humanitarian law (IHL).

Following a review of Israel’s compliance with IHL in the continuing conflict, the Labour government suspended around 30 licences in September. The decision was made after the previous Conservative government refused to do so in December last year and April and May this year.

Protest against British government's arms exports to Israel - in pictures

But an exemption was made for some licences related to components of F-35 fighter jets, and around 330 others continued unaltered, which concerned items such as training and air defence equipment. Al Haq is now seeking the green light to challenge the decision not to suspend all licences in September, the move to “carve out” licences for F-35 components from the suspension, and decisions by the former Tory government not to suspend licences in December 2023 and April and May this year.

The government is opposing the legal challenge, with its lawyers telling the court that the licensing of arms exports to Israel “is being kept under close and continuous review”. In written submissions for a hearing on Monday, Sir James Eadie KC, for the department, said that the suspension was made after the Foreign Secretary, David Lammy had concluded that Israel is “not committed to complying” with IHL.

This was itself based on a conclusion that “Israel had committed possible breaches of IHL in relation to humanitarian access and the treatment of detainees”, which led the Foreign Office to advise the Department for Business and Trade that there was a “clear risk” that some military equipment to be deployed in Gaza could be used to breach international law.

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But Sir James said that the decision to “carve out” licences related to F-35 components followed advice from Defence Secretary John Healey, who said a suspension would impact the “whole F-35 programme” and have a “profound impact on international peace and security”. Mr Healey added that it would “undermine US confidence in the UK and Nato at a critical juncture in our collective history and set back relations”, and could cause “adversaries” to “take advantage of any perceived weakness”.

“It did not follow from this (September) assessment that all licences to Israel had to be suspended, but only those in respect of which there is a clear risk that they might be used to commit or facilitate a serious violation of IHL," Sir James said. “Notwithstanding the ‘clear risk’ assessment, for the reasons given in the Defence Secretary’s advice, it has been determined that there is a good reason to depart from the strategic export licensing criteria and not to suspend exports into the F-35 programme.

“The F-35 carve out accepts that there is clear risk that F-35 components might be used to commit or facilitate a serious violation of IHL, but determines that in the exceptional circumstances outlined by the Defence Secretary, these exports should nonetheless continue.”

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The war between Israel and Hamas, which began on October 7 last year, has left tens of thousands dead and millions displaced. The Gaza health ministry says around 43,800 Palestinians have been killed in the war. The ministry does not distinguish between civilians and combatants, but it has said women and children make up more than half the fatalities.

The court was told that at the time of the September suspension, 361 licences had been issued for arms exports to Israel. In her written submissions, Phillippa Kaufmann KC, for Al Haq, said the government was using a “categorically wrong” and “highly improper” approach to assess whether Israel had breached IHL, which led to “flawed” decisions being made as to whether to suspend licences.

“What is in question here is whether its (Israel’s) stated commitment is a true commitment, and in order to make that determination the best evidence is how has it gone about these hostilities," she said. “What one is looking for is, for example, patterns indicating systemic non-compliance with international humanitarian law.

“The defendant simply does not have information from Israel about individual acts of military action, strikes, demolitions. It does not have that because Israel would not give it to them.”

Ms Kaufmann added that the challenge to earlier decisions “raise important issues of principle” which were “strongly in the public interest”. But speaking in court in London, Sir James said “historic decisions” taken by the previous government had been “superseded” by the September decision, making challenges to them “academic”. The hearing before Mr Justice Chamberlain is expected to conclude later on Monday.

Email sent to Uber team from chief executive Dara Khosrowshahi

From: Dara

To: Team@

Date: March 25, 2019 at 11:45pm PT

Subj: Accelerating in the Middle East

Five years ago, Uber launched in the Middle East. It was the start of an incredible journey, with millions of riders and drivers finding new ways to move and work in a dynamic region that’s become so important to Uber. Now Pakistan is one of our fastest-growing markets in the world, women are driving with Uber across Saudi Arabia, and we chose Cairo to launch our first Uber Bus product late last year.

Today we are taking the next step in this journey—well, it’s more like a leap, and a big one: in a few minutes, we’ll announce that we’ve agreed to acquire Careem. Importantly, we intend to operate Careem independently, under the leadership of co-founder and current CEO Mudassir Sheikha. I’ve gotten to know both co-founders, Mudassir and Magnus Olsson, and what they have built is truly extraordinary. They are first-class entrepreneurs who share our platform vision and, like us, have launched a wide range of products—from digital payments to food delivery—to serve consumers.

I expect many of you will ask how we arrived at this structure, meaning allowing Careem to maintain an independent brand and operate separately. After careful consideration, we decided that this framework has the advantage of letting us build new products and try new ideas across not one, but two, strong brands, with strong operators within each. Over time, by integrating parts of our networks, we can operate more efficiently, achieve even lower wait times, expand new products like high-capacity vehicles and payments, and quicken the already remarkable pace of innovation in the region.

This acquisition is subject to regulatory approval in various countries, which we don’t expect before Q1 2020. Until then, nothing changes. And since both companies will continue to largely operate separately after the acquisition, very little will change in either teams’ day-to-day operations post-close. Today’s news is a testament to the incredible business our team has worked so hard to build.

It’s a great day for the Middle East, for the region’s thriving tech sector, for Careem, and for Uber.

Uber on,

Dara

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Key figures in the life of the fort

Sheikh Dhiyab bin Isa (ruled 1761-1793) Built Qasr Al Hosn as a watchtower to guard over the only freshwater well on Abu Dhabi island.

Sheikh Shakhbut bin Dhiyab (ruled 1793-1816) Expanded the tower into a small fort and transferred his ruling place of residence from Liwa Oasis to the fort on the island.

Sheikh Tahnoon bin Shakhbut (ruled 1818-1833) Expanded Qasr Al Hosn further as Abu Dhabi grew from a small village of palm huts to a town of more than 5,000 inhabitants.

Sheikh Khalifa bin Shakhbut (ruled 1833-1845) Repaired and fortified the fort.

Sheikh Saeed bin Tahnoon (ruled 1845-1855) Turned Qasr Al Hosn into a strong two-storied structure.

Sheikh Zayed bin Khalifa (ruled 1855-1909) Expanded Qasr Al Hosn further to reflect the emirate's increasing prominence.

Sheikh Shakhbut bin Sultan (ruled 1928-1966) Renovated and enlarged Qasr Al Hosn, adding a decorative arch and two new villas.

Sheikh Zayed bin Sultan (ruled 1966-2004) Moved the royal residence to Al Manhal palace and kept his diwan at Qasr Al Hosn.

Sources: Jayanti Maitra, www.adach.ae

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