NEW DELHI: Indian legal experts have warned of severe consequences of the country’s arms exports to Israel, claiming that these exports breach international conventions and domestic laws in light of the ongoing Israeli military’s genocide of Palestinians in Gaza.
The controversy gained attention in May when two cargo ships, allegedly carrying weapons from India, were blocked from docking in Spain. One ship was en route from Chennai to Ashdod, near Gaza, while the other was headed to Haifa. Spanish authorities confirmed that these vessels were transporting arms to Israel.
The situation intensified in June following an Israeli airstrike on a UN-run school in Gaza, which led to the discovery of an Indian-made missile among the debris. This incident sparked widespread outrage among Indian civil society and opposition politicians, who are now demanding answers from the Ministry of Defense and the Ministry of External Affairs.
A petition signed by Supreme Court lawyers, judges, and retired diplomats has urged Defense Minister Rajnath Singh to halt the issuance and renewal of military export licenses to Israel. The petition argues that these exports are not only ethically problematic but also legally dubious, potentially violating both international and domestic laws.
Public interest lawyer Prashant Bhushan emphasized that India’s involvement in arms exports to Israel effectively contributes to what he describes as a genocide in Gaza. “India is clearly aiding that genocide,” Bhushan stated.
The Indian Ministry of Defense has stated that it does not authorize arms sales to countries in conflict and claimed that no new arms supplies have been approved for Israel in recent months. However, the ministry did not address the cancellation of existing licenses.
The death toll from Israeli military actions in Gaza has reportedly exceeded 40,000, with extensive casualties among civilians. Estimates from sources like The Lancet suggest that the real number of fatalities could surpass 186,000.
Dr. Anwar Sadat of the Indian Society of International Law highlighted multiple legal violations associated with India’s arms sales, including breaches of international humanitarian law and the Genocide Convention. He warned that India could face international legal consequences similar to those faced by Germany in a recent case brought by Nicaragua.
Advocate Chander Uday Singh, another prominent figure in the legal challenge, pointed out that India’s actions contradict Article 51C of its Constitution, which mandates respect for international law and treaty obligations. Singh emphasized that India’s commitment to the Genocide Convention, ratified in 1959, imposes a legal obligation to prevent and address genocide, a responsibility that India may be failing to uphold.
The controversy underscores a significant legal and ethical debate regarding India’s role in the ongoing conflict in Gaza and its adherence to international norms.
