• Home /Exam Details (QP Included) / Indian Military Export to Israel: Aiding Genocide
  • Indian Military Export to Israel: Aiding Genocide
    Posted on September 17th, 2024 in Exam Details (QP Included)

    Indian Military Export to Israel: Aiding Genocide

    • The Supreme Court of India dismissed a petition by former civil servants, academics, and activists for the suspension of existing licenses for exporting military equipment to Israel during the ongoing war.
    • The court issued a detailed judgment, raising questions about the limits of judicial review over executive decisions in foreign policy matters, especially where there are grave violations of international humanitarian law.
    • The International Court of Justice (ICJ) ordered provisional measures against Israel for violations under the Genocide Convention, including an immediate halt to all killings and destruction by Israel.
    • The ICJ declared that Israel’s sustained abuse renders Israel’s presence in the Occupied Palestinian Territory unlawful.
    • The Hague Court of Appeal ordered the Dutch government to halt the export of F-35 fighter jet parts to Israel due to the risk of serious violations of international law.
    • Many countries, including Canada, Spain, and the United Kingdom, have halted the supply of military equipment to Israel, in line with their binding obligations under the Genocide Convention and the Geneva Convention.
    • India, as a party to these Conventions, cannot export any military equipment or weapons to Israel when there is a serious risk that these weapons might be used to commit war crimes.

    Supreme Court’s Failure to Interpret India’s Domestic Law

    • The Supreme Court of India has ruled that India is obliged to interpret domestic law in light of its obligations under international conventions and treaties.
    • The Court dismissed the case, stating that international obligations are not binding as Israel, the country in violation of international law, was not before the Court.
    • The Court stated that relief was sought against India and private companies exporting arms to Israel, violating international law obligations.
    • The Court’s rationale was indefensible as it was based on the ICJ’s findings on the conduct of Israel.
    • The Court argued that seeking a suspension of licenses for contracts with international entities could lead to a breach of contracts and other fallouts.
    • The Court’s fear that this would lead to a breach of contract was misplaced as any party to a contract can always claim force majeure.
    • The Court also raised the “self-imposed restraint on Courts entering areas of foreign policy” as another bogey to dismiss the challenge.
    • India has binding commitments under international law, especially in the context of the application of Conventions it has signed and ratified.
    • The Supreme Court’s failure to ensure the Indian government halts its military aid to Israel and complies with its international law commitments will have serious repercussions in the ongoing humanitarian crisis in Palestine.

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    This site uses Akismet to reduce spam. Learn how your comment data is processed.

     WBCS Foundation Course Classroom Online 2024 2025 WBCS Preliminary Exam Mock Test WBCS Main Exam Mock Test WBCS Main Language Bengali English Nepali Hindi Descriptive Paper