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Second Administrative Challenge against the Secretary of State for International Trade
Jurisdiction
United Kingdom
Locale
Armed Conflict in Yemen
Recipient State
Saudi Arabia
Case Type
Administrative Challenge (Judicial Review)
Status
Closed
Overview
This second claim for judicial review was filed after the Secretary of State decided to resume granting new licences for arms sales to Saudi Arabia. In justifying this decision, the Secretary of State claimed they had reviewed the UK’s licensing process as required by Challenge 1, and concluded that there was no ‘serious risk’ of IHL violations and no evidence that Saudi activity in Yemen amounted to a pattern of IHL violations but rather that any violations of IHL are ‘isolated’ incidents.
On 6 June 2023, the High Court delivered a judgement on the second Judicial Review, which included both open and closed proceedings. The Court dismissed all four grounds for challenge, finding that the then Secretary of State for International Trade was not acting irrationally in their decision to licence arms sales to the Saudi-led Coalition.
Latest developments
Case Details
Timeline
26 Oct 2020
Case enters the courts. CAAT submits an application for judicial review to the High Court.
Read the application for judicial review22 Jan 2021
Government response. The government responds to CAAT's application for judicial review and submits that permission for judicial review should be refused. It submits that there is no basis to suggest that the Secretary of States decision-making approach is irrational, and that there is no basis for asserting that the Secretary of State’s conclusion that there is no ‘pattern’ of violations is irrational.
Read the government's response here20 Apr 2021
Permission granted to CAAT to advance its challenge to the High Court.
Read the High Court ruling here13 Jan 2022
A closed court session takes place.
31 Jan 2023
Three days of both open and closed proceedings begin in CAAT’s judicial review challenging the decision of the Secretary of State for International Trade to renew arms exports licences to Saudi Arabia. In the open hearing the Claimant pointed to the strong dependence of the UK government on reports by the Saudi-led Coalition’s internal investigation body, the Joint Incidents Assessment Team (JIAT), which are often not available and noted that half of all “credible” allegations of IHL violations attributed to Saudi Arabia were placed in the “insufficient information” category when making assessments.
CAAT's Skeleton argument for substantive hearing 31 January02 Feb 2023
Proceedings in the High Court close on schedule. A judgement is expected in spring/summer 2023.
06 Jun 2023
The High Court dismissed the grounds for challenge, finding that the then Secretary of State for International Trade was not acting irrationally in their decision to licence arms sales to the Saudi-led Coalition.
Read the judgement hereCase Documents
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Analysis
12 September 2023
GLAN and Mwatana Appeal UK Arms Sales to KSAGlobal Legal Action Network (GLAN) and Mwatana for Human Rights
This press release discusses GLAN and Mwatana's request to the UK Court of Appeal to appeal against the High Court's recent judgment on the UK government's arms sales to Saudi Arabia.
Read more13 July 2023
UK Arms Sales to Saudi Arabia: Making [Non]Sense of the JudgementKatie Fallon | Campaign Against Arms Trade (CAAT)
This blog discusses lessons learned and problematic aspects of the the UK High Court's judgment on CAAT’s legal challenge to the UK government, over its arms sales to Saudi Arabia for use in the war in Yemen.
Read more06 June 2023
Arms Trade Campaigners Defiant After Disappointing High Court Judgement Over Saudi Arabia Arms SalesCampaign Against Arms Trade (CAAT)
This press release reflects on the High Court’s judgement to CAAT’s legal challenge to the UK government, over its arms sales to Saudi Arabia for use in the war in Yemen.
Read more23 March 2023
What's Next for CAAT's Court Case on Arms to Saudi Arabia?Campaign Against Arms Trade (CAAT)
This blog post reflects on the process of CAAT's legal challenge to the UK government, over its arms sales to Saudi Arabia for use in the war in Yemen.
Read more29 January 2021
UK Arms Exports to Saudi Arabia: Q & ALouisa Brooke-Holland and Ben Smith | House of Commons Library
This briefing paper discusses UK arms exports to Saudi Arabia, with a particular focus on the risk of their use in Yemen in light of the scale of alleged IHL and IHRL violations by the Saudi-led coalition. It also provides an overview and discussion on CAAT's judicial review proceedings.
Read more28 June 2019
Legal challenges to EU member states’ arms exports to Saudi Arabia: Current status and potential implicationsGiovanna Maletta | SIPRI
This article provides a detailed overview of legal challenges against arms exports to Saudi Arabia, with a particular focus on the Italian and UK context.
Read more24 June 2019
UK Court Nixes Saudi Arms Sales–What it Means for the US and Other EU CountriesKristine Beckerle and Dearbhla Minogue | Just Security
This article, written following the decision of the Court of Appeal in June 2019, considers the significance and impact of this ruling on UK government policy and practice as well as how it might shape how EU member states and the United States might consider arms sales to the Saudi-led coalition.
Read more11 December 2015
Legal opinion on UK arms exports to Saudi ArabiaProfessor Philippe Sands QC, Professor Andrew Clapham, and Blinne Ní Ghrálaigh (Matrix Chambers) | commissioned by Amnesty International UK, Oxfam, and Saferworld
This legal opinion concludes that the UK Government is acting in breach of its obligations arising under UK law, the EU Common Position on Arms Exports and the Arms Trade Treaty by continuing to authorise arms transfers to Saudi Arabia capable of being used in Yemen.
Read more