By Muazzuma Miah
Student, University of Westminster
History of the F-35
The F-35 originated with the Joint Strike Fighter programme (JSF), which was a design and development project of the US department of Defence. It is a 5th generation stealth aircraft and aimed to combine air-to-air, strike and ground attack capabilities into one aircraft, which could be used by multiple branches of the US military, NATO and its allies.
While intended to meet with US and allies’ budget constraints following the end of the Cold War, it became the most expensive arms programme in history, as well as falling heavily behind schedule. The earliest roots of the programme were in the US but with early UK involvement.
Partnership tiers
While beginning as a US programme, other partner nations were then invited to participate. There are three levels of partnership to the F-35 programme, with each tier dictating the level they fall into.
• Level one is a 10% contribution to the jet’s development costs. The UK is the only level one partner.
• Level two is a $1 billion contribution. This includes Italy and the Netherlands.
• Level three is a $172-$215 million contribution. This includes Australia, Canada, Denmark and Norway.
The primary customer of the F-35 is the US. Lockheed Martin remains the primary contractor, with BAE systems as a key subcontractor claiming ~13-15% workshare.
Apart from the partner nations, Foreign Military Sales contracts have also been signed between the US government and numerous other buyer nations, including:
• Israel
• Japan
• South Korea
• Belgium
• Poland
• Singapore
• Finland
• Switzerland
• Germany
• Czech Republic
• Greece
• Romania
UK involvement
15% of the F-35 is made in the UK, with BAE systems being the biggest UK company in the programme. Key manufacturing sites include:
• Lancashire: rear fuselage (BAE);
• Kent: active interceptor systems (BAE);
• East Yorkshire: durability testing (BAE);
• Buckinghamshire: ejector seats (Martin-Baker);
• Brighton: weapons release cables (including those that are specially adapted for Israel’s use in their own munitions, L3Harris);
• Edinburgh: laser targeting systems (Leonardo);
• Birmingham: aircraft tyres (Dunlop Aircraft Tyres).
Export licensing
Export licensing refers to government controls on the export of certain types of equipment, software and technology, so that any individual or company seeking to export goods that are subject to export controls requires an export licence to do so.
The list of goods that require a license for export are listed in the UK’s Strategic Export Controls List. The Export Control Joint Unit (ECJU) is responsible for processing license applications: the unit sits within the Department for Business and Trade and draws from the Foreign, Commonwealth and Developments Office and the Ministry of Defence. The ECJU must assess licenses against the Strategic Export Licensing Criteria.
In the UK, it appears most F-35 components are exported under an OGEL (Open General Export License). An OGEL is a pre-issued licence from the government, for which companies can register, after which they can make unlimited exports of the equipment covered by the OGEL to the approved destinations.
The purpose of the OGEL for the F-35 is to allow for the transfer of goods, technology, or software relating to the F-35 from the UK to any destination listed in the license. The government does not keep a record of how much is exported with an OGEL, and the values of goods exported with an OGEL are not included in the statistics for the value of export licences issued; thus, figures given in the media for the value of exports to Israel are vastly understated as most of the F-35 exports are excluded.
Licence suspension and Israel
On the 2nd September 2024, the UK government suspended 29 licenses for items used by Israel in Gaza. The UK’s export licensing criteria states that the government will not issue export licenses if the items could be used to commit or facilitate violations of International Humanitarian Law (IHL). The suspension applied to 29 licences, out of a total of 350 licenses to Israel including both military and dual-use goods that have both military and civil applications.
The UK has assessed a number of export licenses and allowed for items that are apparently not being used by the IDF in Gaza. The items not being used by the IDF are those that are intended for re-export to other countries, or that are for industry use, e.g. for testing, or for humanitarian/media/diplomatic users. The components for trainer aircraft and naval equipment are for items that are used by the IDF, but not directly for use in Gaza.
The UK decided that the F-35 programme would be exempt from this decision, claiming that the suspension of components going into a global pool for the F-35, for potential use by any of the countries using the F-35, is not possible without a significant effect on the programme and with serious implications to global peace and security.
Conclusion
The UK’s involvement in the F-35 programme is deeply embedded in a web of strategic and economic ties, however this does not absolve the UK’s international legal obligations.
In exempting the F-35 from export restrictions while maintaining a significant manufacturing role, the UK has prioritised strategic and economic interests over its legal and ethical responsibilities. The F-35 programme allows UK complicity in the genocide of Palestinians, with the mass killing of civilians and the destruction of civilian homes being a clear breach of international law.
The UK’s recognition of a Palestinian state marks a significant diplomatic shift, aligning Britain with the majority of UN members who already do so. The government reaffirms its commitment to a two state solution rather than a direct intervention. This recognition is symbolic; but it carries political and legal weight. Despite this, the UK continues to allow Israel to use the F-35 as a method of combat in its genocide of Palestinians.
References:
https://library-collections-search.westminster.ac.uk/discovery/fulldisplay?docid=alma997428316703711&context=L&vid=44WST_INST:WST_VUA&lang=en&search_scope=MyInst_and_CI&adaptor=Local%20Search%20Engine&tab=ALL&query=any,contains,F-35&offse=0
https://www.baesystems.com/en-us/definition/what-is-the-joint-strike-fighter-program
https://www.slashgear.com/1770612/which-countries-help-develop-build-f-35/
https://www.jsf.mil/aboutus
https://caat.org.uk/app/uploads/2023/12/Fact-sheet-re-Gaza-v2-Dec-2023.pdf
MAPPED: The UK companies arming Israel, including producers for the F-35 combat aircraft
https://www.investopedia.com/terms/l/licensing-agreement.asp
https://www.gov.uk/guidance/licensing-intellectual-property#:~:text=A%20licence%20is%20an%20agreement,in%20return%20for%20a%20fee
https://questions-statements.parliament.uk/written-statements/detail/2021-12-08/hcws449
https://commonslibrary.parliament.uk/research-briefings/cbp-8312/#:~:text=Any%20company%20wanting%20to%20export,the%20Government%20to%20do%20so
https://www.business.gov.uk/export-from-uk/learn/categories/selling-across-borders-product-and-services-regulations-licensing-and-logistics/get-your-good-out-uk/understand-export-licensing/
https://assets.publishing.service.gov.uk/media/67b883e3b3a80ad63e782c2d/open-general-export-licence-exports-in-support-of-joint-strike-fighter-F-35-lightning-II.pdf
https://www.gov.uk/government/news/uk-suspends-around-30-arms-export-licences-to-israel-for-use-in-gaza-over-international-humanitarian-law-concerns
ENDS
