TAG: GS-2: INTERNATION RELATION
CONTEXT: A Supreme Court Bench, led by the Chief Justice of India, recently dismissed a petition by former civil servants and activists seeking suspension of military export licenses to Israel during the ongoing conflict.
EXPLANATION:
How does India’s arms exports to Israel violate the law?
- Complicity in Genocide: By exporting arms to Israel, India risks being complicit in violations of international humanitarian law, including potential war crimes and genocide committed by Israel, as indicated by various international bodies.
- As a signatory to the Genocide Convention, India is obligated (Article 1) to prevent genocide and avoid providing aid or assistance to any state engaged in such acts.
- Indian Constitution: Article 21 of the Indian Constitution guarantees the right to life and personal liberty to citizens as well as to foreigners.
- International Court of Justice (ICJ) Precedents: ICJ rulings have repeatedly warned states against exporting arms to conflict zones where such weapons might be used to violate international law.
Genocide Convention (1948)
- Definition and Purpose: The Genocide Convention, adopted by the United Nations in 1948, aims to prevent and punish acts of genocide, which include killings and other acts intended to destroy, in whole or part, a national, ethnical, racial, or religious group.
- Obligations of Signatory States:
- States party to the Convention are obligated to prevent and punish acts of genocide, both within their territories and in international contexts.
- Article III of the Convention makes states’ complicity in genocide a punishable offense, meaning states must refrain from providing material or logistical support to nations engaged in genocide.
- India’s Commitment: India ratified the Genocide Convention, thereby binding itself to these obligations. Under this Convention, India is required to ensure that it is not complicit in such crimes through its actions, including military exports.
India’s Ongoing Exports to Israel
- India exports military equipment and arms to Israel, which includes both public sector and private sector companies supplying defense-related materials.
- During the ongoing conflict in Gaza, the Indian government has continued to issue licenses for the export of arms and military equipment to Israel, despite international concerns about potential violations of humanitarian law.
- India has developed a strong defense relationship with Israel, marked by regular arms deals, military cooperation, and technology transfers.
International Pressure and ICJ Opinions:
- ICJ Provisional Measures (2023): In January 2023, the ICJ ordered provisional measures against Israel for violations of the Genocide Convention in the Gaza Strip, including an immediate halt to killings and destruction.
- Global Response: Many countries like Canada, Spain, and the UK have suspended arms exports to Israel, in compliance with their obligations under international law to prevent genocide and war crimes.
- India’s Non-Compliance: Despite these international legal obligations and warnings, India continues to provide military aid to Israel, raising questions about its commitment to international humanitarian law.
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