‘In September 2024, the Business and Trade Secretary (‘the Secretary of State’)suspended licences authorising the export of items that might be used in carrying out or facilitating Israeli military operations in the Gaza conflict. However, the Secretary of State carved out from that suspension licences for the export of components for F-35 aircraft which could not be identified as destined for Israel (‘the F-35 Carve Out’). The carve out was justified on the basis that suspending licensing for the export of F-35 components would have an impact on the entire F-35 programme, which would “have a profound and immediate impact on international peace and security, would undermine US confidence in the UK and NATO at a critical juncture, would seriously undermine the credibility of the UK as a trusted partner on the international stage, and would undermine a key capability allowing the UK and its closest allies and partners to address current security challenges.”’
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UK Constitutional Law Association, 7th July 2025
Source: ukconstitutionallaw.org