||Black and White Digital News ||

||September 05,2024 ||

A group of retired diplomats, intellectuals, and activists filed a petition in the Supreme Court of India on September 4, 2024, seeking the cancellation of arms export licences granted to Indian companies supplying military equipment to Israel during the ongoing Gaza conflict. The petitioners argue that continuing such exports violates India’s obligations under international law, particularly humanitarian law, and is inconsistent with constitutional principles, such as the right to life and Article 51C, which mandates the state to respect international law and treaty obligations.

The group includes prominent figures such as retired diplomats Ashok Kumar Sharma and Deb Mukharji, developmental economist Jean Drèze, and public intellectual T.M. Krishna. Filed by advocates Prashant Bhushan and Cheryl D’Souza, the petition specifically names several Indian firms, including Munitions India Limited and private entities like Adani Defence and Aerospace Ltd. and Premier Explosives, which have allegedly been involved in arms exports to Israel after the war began.

International Legal Obligations:

The petition emphasizes India’s commitments under several international conventions, notably the **Genocide Convention**, which prevents the supply of arms to states that could use them to commit war crimes. It also highlights past Supreme Court rulings that stress the need to interpret domestic laws in harmony with international treaties ratified by India. Given these legal precedents, the petition contends that exporting weapons to Israel in light of accusations of war crimes in Gaza is a breach of India’s international obligations.

Shift in India’s Position:

The petitioners also underscore a shift in India’s diplomatic stance, pointing to India’s vote in favor of a UN resolution calling for an immediate ceasefire in Gaza in December 2023, contrasted with its abstention in April 2024 from a resolution calling for an arms embargo on Israel. This, they argue, raises questions about India’s complicity in the conflict, especially given the International Court of Justice’s (ICJ) ruling that called for an “immediate military halt” to Israel’s actions in Gaza.

Publicly Available Evidence:

According to the petition, credible reports and publicly available information confirm that Indian authorities have continued granting export licences for arms and munitions to Israel even after the ICJ ruling. This raises further concerns about India’s involvement in the Gaza conflict, with the petition suggesting that India’s continued supply of military equipment could contribute to the ongoing humanitarian crisis.

The petition raises serious questions about India’s role in the Gaza conflict, urging the Supreme Court to intervene by halting arms exports to Israel. The case represents a growing concern among sections of Indian civil society about the country’s alignment with international humanitarian principles, as well as its evolving geopolitical stance in the Israel-Palestine conflict. The Court’s decision on this matter will likely have significant implications for India’s foreign policy, arms trade regulations, and its obligations under international law.