High Court action over use of Irish airspace for weapons transport

RTÉ News​

29-07-2025

A legal challenge to the use of Irish airspace for flights transporting weapons to Israel has been lodged at the High Court.
Campaign group Uplift, along with news organisation The Ditch and Irish-born Palestinian surgeon, Dr Ahmed El Mokhallalati have lodged papers seeking permission to apply for judicial review.
In the statement filed to ground the application, they say they are seeking declarations that the Minister for Transport has failed to investigate allegations that Irish airspace has been used for the transport of weapons for use by the Israeli Defence Force in its military operations in Gaza and that part of the relevant legislation is unconstitutional.
They also claim the Irish Government is in breach of export legislation in the manner in which "dual use export licences" are being granted for goods which they say are used to manufacture weapons.
Uplift says it published a report in May last year outlining its view that a surge in "dual use" trade between Ireland and Israel, since Israel commenced military action against Gaza may be linked to goods being used in the production of military equipment. They say there is a high risk that goods from Ireland are being exported to be used by two Israeli companies involved in manufacturing weapons and military equipment.
The Government has said the level of dual use exports is not related to the ongoing military attack on Gaza.
The Ditch has published research on tracking flights which appeared to be transporting weapons to Israel through Irish airspace. They say there's clear evidence that this is being done.
They say in their statement of grounds, that it is legally impermissible to do this, that it's facilitating genocide being carried out by the IDF against the Palestinian people and that no exemptions were sought for the transportation of these weapons.
They claim the Minister for Transport has failed in his duties under Air navigation and transport legislation to investigate the allegations about the use of Irish airspace. They also say the Minister for Enterprise, Trade and Employment has been unlawfully granting dual use export licences.
Surgeon Ahmed El Mokhallalati, who was born in Dublin, outlined his experiences in Gaza and described how he had contacted the Uplift organisation with a wish to do something about the ongoing death and destruction there.
He said he believed Ireland had been facilitating the transfer of weapons and munitions of war to be used against the people in Gaza and he said these were the same weapons which destroyed his home, killed his friends and families and caused horrific and unspeakable harm to the people whose lives he worked hard to try to save.
He said he was disappointed to see that the Government was continuing to ignore the abuse of its airspace in this manner and he said he felt compelled to take some action.
He said he believed the Government was turning a blind eye to the use of Irish airspace to transport weapons and facilitating the most egregious crimes against humanity.
Uplift say they are hoping to get a hearing at the High Court to seek leave to bring the judicial review proceedings before the end of this week.