A Palestinian human rights group has lost its legal fight against the government over exports of military equipment to Israel.
Al-Haq had challenged the Department of Business and Trade on its decision to continue supplying parts for F-35 fighter jets as part of an international defence programme.
The group wanted the exports suspended, arguing that it was a loophole that allowed Israel access to the parts and the UK had a duty to stop the sale of weapons to any state committing serious violations of international humanitarian law.
In September last year, ministers suspended export licences for weapons and military equipment following a review of Israel's compliance with international humanitarian law in the conflict in Gaza.
The government defended the legal challenge during a four-day hearing in London.
A government spokesman said: “We have suspended direct exports of F-35 components for use by Israel.
“One of our first acts in government was to prevent UK-produced weapons from being used by the IDF in Gaza, through a review and suspension of export licences.
“UK-produced F-35 parts go to the global spares pool, which is vital for global security at a time of war in Europe and which today's legal judgement backs up.”
In a 72-page ruling on Monday, Lord Justice Males and Mrs Justice Steyn said the case was about a "much more focused issue" than the carve-out itself.
The judges continued: "That issue is whether it is open to the court to rule that the UK must withdraw from a specific multilateral defence collaboration which is reasonably regarded by the responsible ministers as vital to the defence of the UK and to international peace and security, because of the prospect that some UK manufactured components will or may ultimately be supplied to Israel, and may be used in the commission of a serious violation of international humanitarian law in the conflict in Gaza.
"Under our constitution that acutely sensitive and political issue is a matter for the executive which is democratically accountable to Parliament and ultimately to the electorate, not for the courts."
Shawan Jabarin, general director of Al-Haq, said: "This long-running case has delivered significant impact throughout its course, including contributing to the Government's partial suspension of direct licence exports of weapons to Israel, notably F-35 components.
"By exposing serious government failings in facilitating international crimes against Palestinians through its arms exports, civil society and human rights organisations have achieved a crucial breakthrough, and we will continue to persevere in the UK and beyond until governments are held accountable, Israel's impunity is challenged and justice for the Palestinian people is realised.
"Despite the outcome, this case has centred the voice of the Palestinian people and has rallied significant public support, and it is just the start.”
Sacha Deshmukh, chief executive of Amnesty International UK, said the ruling was “disappointing” but added: “The court has been clear that while it does not have the authority to make a judgment on UK exports of F-35 arms parts, this does not absolve the executive and Parliament from their responsibilities to act.
"The UK has a legal obligation to help prevent and punish genocide, and yet it continues to authorise the export of weapons to Israel despite the clear risks that these weapons will be used to commit genocide.
"The horrifying reality in Gaza is unfolding in full view of the world: entire families obliterated, civilians killed in so-called safe zones, hospitals reduced to rubble and a population driven into starvation by a cruel blockade and forced displacement. "These are not isolated tragedies; they are part of a systematic assault on a besieged population."
