The ruling doesn't mean that selling arms to Saudi Arabia is illegal, but that the government acted illegally by not explicitly considering the Saudi's record of deployment against civilians. One might presume then that the government avoided this consideration in order to rubber stamp the estimated £4.7bn worth of arms to Saudi Arabia since their campaign in Yemen began.UK arms sales to Saudi Arabia unlawful, court of appeal declares
British arms sales to Saudi Arabia have been ruled unlawful by the court of appeal in a critical judgment that also accused ministers of ignoring whether airstrikes that killed civilians in Yemen broke humanitarian law.
Three judges said that a decision made in secret in 2016 had led them to decide that Boris Johnson, Jeremy Hunt and Liam Fox and other key ministers had illegally signed off on arms exports without properly assessing the risk to civilians.
Sir Terence Etherton, the master of the rolls, said on Tuesday that ministers had “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”....
https://www.theguardian.com/law/2019/ju ... d-unlawful
The granting of new licences for weapons exports to Saudi Arabia has been stopped pending a review, but arms trading will continue under licences already granted.
Many UK arms deals with Saudi Arabia are also supported by the Export Credit Guarantee scheme, whereby the government undertakes to cover companies and banks involved in export deals in the event an overseas buyer fails to pay or is late in paying. This essentially amounts to a form of socialism for the arms trade where the companies keep the profits while the taxpayer covers the losses.
There's two oft-heard arguments from the international arms trades:
1. Licensing regimes make weapons sales scrutable and legal.
1. If we don't do it somebody else will.
In this case I think the latter far outweighed the former, with the licensing regime being used to confer legality upon the export of weapons which the government knew were being used in the deliberate and targeted killing of civilians.
The oft-heard argument from governments is that licencing and underwriting protect jobs and supports technological innovation across sectors adjacent to the arms manufacturing as well as within it.
Do the benefits of state support for the weapons industry outweigh the costs or mitigate the moral qualms about the eventual end use of those products?
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UK Court of Appeal Judgement: (PDF) https://www.judiciary.uk/wp-content/upl ... e-2019.pdf
UK Export credits and arms exports: https://www.caat.org.uk/issues/ecgd