Anti-Israel campaigners are using lawfare to target arm sales

The F-35 fighter jet, an essential part of Israel’s air defences (think of the missile barrages from Iran and the Houthis) has been a frequent target of NGO activists hoping to circumvent foreign policy decisions of governments. Such efforts have also taken place in the US, the Netherlands, Denmark, and Australia.

The F-35 is likewise important to the UK defence and economy. As the main partner with the US, more than 500 UK businesses involving thousands of jobs are linked to the F-35 program. The F-35 is also a critical weapon for the UK, NATO, and other allied countries and is vital in building a defensive shield against Russian, Iranian, and Chinese aggression. A ruling in favour of the NGOs would cause severe damage to the British economy and national security interests. In pursuit of their narrow political agenda targeting Israel, these NGOs have clearly failed to take into account the broader implications of their advocacy.

Over the past 18 months, the arms embargo battlefield has been international. There is legal warfare being waged at UN bodies like the International Court of Justice (ICJ), where multiple cases against Israel are ongoing. South Africa, aided again by Al Haq and other PFLP-linked NGOs, is pressing for an order for a ceasefire on Israel. Nicaragua is also exploiting the ICJ, accusing Germany of “genocide” for supplying miliary aid to Israel, and Norway is spearheading advisory proceedings seeking to block any attempt by Israel (even non-military) to root out Hamas infiltration of Gaza’s humanitarian aid apparatus.

The attempts to strip away Israel’s ability to defend itself are unrelenting. In April, the UN Human Rights Council passed a resolution calling for an arms embargo on Israel, and notorious UN Rapporteur Francesca Albanese is planning to issue a report on the same issue to the Council in July. On 15-16 May, the UN Committee for Exercise of the Inalienable Rights of the Palestinian People is holding a legal strategy conference whereby ways in which sanctions and boycotts can be imposed on Israel will be featured.

Another legal aspect of the information war involves pursuing arrest warrants against Israeli officials and IDF soldiers. Several such cases have been spearheaded by British NGO coalitions. In mid-April, GLAN, this time working with Hind Rajab Foundation (whose Chair claimed to the New York Times that he “joined the Hezbollah resistance against Israel”), filed a request with the UK’s Attorney General and Director of Public Prosecutions, seeking a warrant against Israeli Foreign Minister Gideon Sa’ar on his visit to the UK for meetings with UK Foreign Secretary David Lammy. In March, UK-based International Centre of Justice for Palestinians launched the Global 195 coalition that “will not only submit criminal complaints to national law enforcement agencies but will also initiate private prosecutions in national courts” against Israelis and dual nationals. The group claims to be working with legal teams in the UK, Turkey, Malaysia, Norway, Bosnia, and Canada.

While styled as protecting “human rights” and limited to Israel, the repercussions of the information warfare will extend to the countries where such campaigns are being waged. In addition to contributing to the atmosphere of antisemitism, these efforts disrupt the UK’s diplomatic, intelligence, and security relations with Israel, the United States, and the West more broadly.

Much of the proceedings in the F-35 lawsuit to date have taken place behind the scenes and much of the publicly available information has been highly self-serving to the NGOs’ narrative. To prevent tremendous harm to British national security and the economy, greater attention should be paid by the public and by the government to this case and other destructive campaigns.

Anne Herzberg is the Legal Advisor of NGO Monitor, a Jerusalem-based research organisation.