Government given go-ahead to appeal against ruling on arms sales to Saudi Arabia

The Government has been given the go-ahead to appeal to the UK’s highest court against a ruling that its decision to continue licensing military equipment for export to Saudi Arabia was unlawful.

Campaign Against Arms Trade (CAAT), which brought the case against International Trade Secretary Liam Fox, hailed a landmark legal victory last month.

The group argues that the decision to continue to license military equipment for export to Saudi Arabia, which is leading a coalition of forces in the conflict in Yemen, was unlawful, as there was a clear risk that the arms might be used in a serious violation of international humanitarian law.

The Court of Appeal ruled that the Government “made no concluded assessments of whether the Saudi-led coalition had committed violations of international humanitarian law in the past, during the Yemen conflict, and made no attempt to do so”.

CAAT announced on Friday that the Government had been granted permission to appeal against that ruling to the Supreme Court.

The group said the Supreme Court had also rejected the Government’s application to lift a temporary block on new export licences, which it said means that the more than 50 outstanding applications will not be determined while the Government re-evaluates the legality of current licences.

Andrew Smith of CAAT said: “We are disappointed that the Government has been given permission to appeal, but we welcome the Supreme Court’s decision to uphold the current ban on arms sales.

“These arms sales are immoral, and we are confident that the Supreme Court will agree they are also illegal.

“Despite the atrocities that have been inflicted in the terrible war on Yemen, this case, and the response, make clear that the Government will do anything it can to keep arming and supporting the brutal Saudi regime.

“UK-made weapons have played a central role in creating the worst humanitarian crisis in the world. The Government must stop the arms sales and end its role in the destruction.”

Rosa Curling, a solicitor with Leigh Day, which represents CAAT, said: “The decision of the court to refuse a ‘stay’ is welcomed.

“This means no new licence applications can be granted by the Government pending reconsideration of whether there exists a ‘clear risk’ that exported weapons ‘might’ be used in serious violation of international humanitarian law, in line with the approach required by the Court of Appeal.”

The case will be heard by the Supreme Court on a date to be fixed.