Permission granted for judicial review into legality of UK arms exports to Saudi Arabia

  • High Court grants judicial review into arms exports to Saudi Arabia, following unprecedented case brought by Campaign Against Arms Trade
  • Extensive evidence suggests Saudi Arabian forces have committed war crimes in Yemen
  • UK has licensed over £2.8 billion worth of arms since the Saudi-led bombing of Yemen began

Bubbles not Bombs at the National Gallery

Bubbles not Bombs at the National Gallery

Image by Eyes On Rights

The arms sales came despite serious allegations and compelling evidence that there is a clear risk Saudi forces might use the equipment to violate international humanitarian law (IHL) in their ongoing bombardment of Yemen.

Over 6000 people have been killed in a bombing campaign that has created a humanitarian catastrophe; destroying vital infrastructure and leaving 80% of the population in need of aid. Despite this, the UK has continued to arm the Saudi regime, with over £2.8 billion worth of arms having been licensed since the bombing began last March,including licences for bombs and air-to-surface rocket components and a £1.7 billion licence for combat aircraft.

The claim follows reports from a range of prestigious international organisations including a UN Panel of experts, the European Parliament and humanitarian NGOs, which have accused Saudi forces of serious breaches of IHL. These include:

  • A failure to take all precautions in attack as required by IHL

  • Attacks causing disproportionate harm to civilians and civilian objects.

  • A failure to adhere to the principle of distinction and/or the targeting of civilians and civilian objects and those not directly participating in hostilities.

  • The destruction of Cultural Property and/or a failure to adhere to the immunity to be afforded to such property during armed conflict.

Andrew Smith of Campaign Against Arms Trade said: “This is a historic decision and we welcome the fact that arms exports to Saudi Arabia will be given the full scrutiny of a legal review, but they should never have been allowed in the first place.

The fact that UK aircraft and bombs are being used against Yemen is a terrible sign of how broken the arms export control system is. For too long government has focused on maximising and promoting arms sales, rather than on the human rights of those they are used against.”

Successive governments have pulled out all stops to keep the arms deals flowing. Recent years have seen Tony Blair intervening to stop a corruption investigation into arms exports to Saudi, David Cameron flying out to Riyadh to meet with Royalty, and Prince Charles sword dancing to secure sales for BAE Systems.

The claim, which will now progress to Judicial Review, calls on the Secretary of State for Business, Innovation & Skills to suspend all extant licences and stop issuing further arms export licences to Saudi Arabia for use in Yemen while he holds a full review into if the exports are compatible with UK and EU legislation.

Andrew continued: “The arms export controls do not work, but how can they when the government is actively promoting arms sales and working hand in glove with regimes like Saudi Arabia?

The Saudi Royal Family’s influence is imprinted all over Whitehall’s approach to arms sales and the Middle East.

If the government cares for the human rights of those in Saudi Arabia, Yemen or the wider region then it must end its support for the Saudi military and its complicity in Saudi state violence.”

Rosa Curling from the human rights team at Leigh Day, which is representing CAAT, said: "Our clients are delighted the court has recognised this important claim must now progress to a full substantive hearing.

The decision taken by the Secretary of State to continue to grant new licences for the sale of arms to the Kingdom of Saudi Arabia, is unlawful. 

There is overwhelming evidence that the Saudi led coalition has committed serious breaches of international humanitarian law in Yemen. 

 

The UK government must ensure it is not allowing weapons from this country to be provided where there is such a clear risk they will be involved in the tragic and horrific events taking place in Yemen."

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