Home > Case Overviews > UK Arms and Yemen
UK Arms and Yemen
Jurisdiction
United Kingdom
Locale
Armed Conflict in Yemen
Recipient State
Saudi Arabia
Status
Closed
Litigation against arms transfers in the context of the Yemen war first entered the UK courts in 2016. Two claims for
A procedure where a court can review the lawfulness of a decision or action by a public body, including the government
International Humanitarian Law (IHL) is the legal framework that governs activities during armed conflict.
On 6 June 2023, the High Court delivered a judgement on the second Judicial Review, which included both open and closed proceedings. The Court rejected all four grounds of 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.
Watch full webinar here (27 June 2023)
Latest developments
Case Analysis
Proceedings in the UK have not substantively scrutinised the merits of the decisions by the Secretary of State to grant licences for the export of arms and military equipment to Saudi Arabia. Rather, as a result of the more limited grounds for judicial review under UK domestic law, the Court is only able to assess whether the government’s approach to decision-making was in line with the public law standard of rationality, a very high threshold that is particularly challenging to satisfy when it comes to government decision-making on sensitive matters such as arms exports.
Themes
iCases
Two separate claims have been brought in the UK courts, with the most recent case pending on appeal following a hearing at the High Court in January 2023. Click ‘explore case’ to find out about each case in more detail and access all case documents.
Case status
First Administrative Challenge against the Secretary of State for International Trade
Explore caseThis case sought to challenge the government’s decision to grant licences for the export of military goods to Saudi Arabia and its justification that there was no clear risk that these items might be involved in IHL violations. On appeal, the court ruled that the Secretary of State had failed to properly consider evidence of a pattern of IHL violations by Saudi Arabia in Yemen and instructed the Secretary of State to not grant new licences.
Second Administrative Challenge against the Secretary of State for International Trade
Explore caseThis claim for judicial review was filed after the then Secretary of State decided to resume granting new licences for arms sales to Saudi Arabia concluding that, following a review of the UK’s licensing process, 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 found that the decision was not irrational.
Timeline
FILTERS
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 here02 Feb 2023
Proceedings in the High Court close on schedule. A judgement is expected in spring/summer 2023.
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 January13 Jan 2022
A closed court session takes place.
20 Apr 2021
Permission granted to CAAT to advance its challenge to the High Court.
Read the High Court ruling here22 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 here26 Oct 2020
Case enters the courts. CAAT submits an application for judicial review to the High Court.
Read the application for judicial review20 Jun 2019
Judgement issued by the Court of Appeal. CAAT's appeal is partly accepted. The Secretary of State is instructed not to grant new licences for the sale or transfer of arms or military equipment to Saudi Arabia that might be used in Yemen, but is not required to suspend or revoke existing licences.
Read the judgement of the Court of Appeal and court order here09-11 Apr 2019
CAAT's appeal is heard at the Court of Appeal.
Read the transcript of the hearing at the Court of Appeal04 May 2018
Permission granted to CAAT to appeal the decision of the High Court of Justice at the Court of Appeal.
Read the judgement of the Court of Appeal here10 Jul 2017
Judgement of the High Court issued. The claim is dismissed on all grounds.
Read the Judgement of the High Court of Justice07-08 Feb 2017
CAAT's application for judicial review is heard at the High Court of Justice.
Read the transcripts of the hearing at the High Court of Justice30 Jun 2016
The High Court hearing takes place and CAAT is granted permission to proceed to judicial review.
Read the High Court of Justice order granting permission to apply for judicial review18 Apr 2016
A High Court judge refuses CAAT's application for judicial review, without a hearing. CAAT applies for a full High Court hearing for permission to bring a Judicial Review.
Read the High Court's refusal of permission to proceed09 Mar 2016
Case enters the courts. CAAT submits a request for judicial review to the High Court of Justice (Divisional Court).
Read CAAT's submission hereKey
There has been a recent improvement in this thematic area
There has been a recent worsening of this thematic area
Analysis
13 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 more12 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 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