Public money in Northern Ireland has been unlawfully allocated to help fund parts for Israeli F-35 fighter jets which could be used to commit genocide, it was claimed in the high court in Belfast on Friday.
Counsel for a Palestinian activist alleged that Invest NI provided financial backing to firms directly involved in the supply chain of components for aircraft deployed over Gaza without obtaining proper authority.
However, proceedings were put on hold after the judge directed that a second Stormont department should be put on notice of the challenge.
Cassidy Ferrari, a Belfast-based member of campaign group Cairde Palestine, is pursuing a judicial review of decisions taken by Invest NI and the department for the economy in relation to funding provided to companies linked to equipment potentially used in Israel Defense Forces F-35s.
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She claims any decision to provide financial assistance for fighter jets capable of acts which could violate international humanitarian law was so controversial it should have been referred to the Stormont Executive.
In court her barrister, Ronan Lavery, was pressed to explain how funding a firm which provides component parts could be contentious.
Insisting Invest NI’s remit was too limited, he argued the decision should have been taken at ministerial level.
“Are we going to profit from the international arms industry? Are we going to somehow profit from what are clearly international human rights abuses?” he asked.
“This case is about components for F-35 bombers which could end up in missions which are a breach of international humanitarian law, the most egregious killing of civilians, genocide.”
During submissions he claimed Invest NI had overstepped its remit, and that both the department for the economy and department of finance should have been consulted.
But Judge McAlinden identified an inconsistency in the approach to the legal challenge.
With the department of finance responsible for a guidance document about managing public money, which is at the centre of the case, he suggested its representatives should also answer questions.
The judge directed that the department should be notified about the challenge within 14 days.
Adjourning the hearing until May 29th, he pledged to try to deal with it before the summer recess.
“We need to grasp this nettle. It is an important, hotly contested issue, and one I know a lot of people feel very passionate about,” he said.
“I want to ensure this matter gets a proper hearing and everyone should be before the court expressing their views and opinions.”
