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26/10/2020

Application for Judicial Review (CAAT)

Appears in case: Second Administrative Challenge against the Secretary of State for International Trade

Jurisdiction

United Kingdom

Locale

Armed Conflict in Yemen

Recipient State

Saudi Arabia

Document Type

Claimant Submissions

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JR application, 26.10.2020

In this application for judicial review, Campaign Against Arms Trade (CAAT) challenges the on-going position of the Secretary of State for International Trade that she will (a) continue to grant licences for the transfer of military equipment to Saudi Arabia for possible use in Yemen; and (b) that she will not suspend existing licences for the transfer of military equipment to Saudi Arabia for possible use in Yemen. It challenges the reasoning of the secretary of state that while Saudi Arabia had committed serious breaches of IHL in the war in Yemen, there was no pattern to these violations that contributed to the decision to resume granting licences for the sale or transfer of arms to Saudi Arabia for use in Yemen. It is submitted that this approach is unlawful, as the Secretary of State has failed to identify all of the cases where there has been a serious breach of IHL; wrongly concluded that there is no pattern to the breaches; failed to properly take into account the failure of KSA to investigate, prevent or punish serious breaches of IHL itself; and misdirected herself as to the nature of a serious breach of IHL.