The Supreme Court was moved on Wednesday by a public interest plea (PIL) seeking direction to the Central government to cancel any existing licences and halt the grant of new licences/permissions, to various companies in India, for export of arms and other military equipment to Israel, during war in Gaza, which is in violation India’s obligations under international law coupled with Articles 14 (Equality before law) and 21 (Right to life) read with 51(c) of the Constitution of India;
Referring to the January 26, 2024, decision of the International Court of Justice (ICJ) which had ordered provisional measures against Israel for violations in the Gaza Strip of obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the public interest plea (PIL) by Ashok Kumar Sharma and 11 others has said that the provisional measures include immediate halt to all killings and destruction that is being perpetrated by Israel on the Palestinian people.
Plea by Ashok Kumar Sharma – a retired civil servant- and 11 others has been filed by advocate Prashant Bhushan.
In the wake of January 26, 2024, ICJ decision, the United Nations experts released a statement warning against the transfer of weapons and military ammunition to Israel which may constitute serious violation of human rights and international humanitarian laws and risk state complicity in international crimes, possibly including genocide.
By a detailed judgment on July 19, 2024, the PIL says that the ICJ has spoken on the Legal Consequences arising from B policies and practices of Israel in the occupied Palestinian territory including East Jerusalem.
The ICJ, says the PIL has said that the sustained abuse by Israel of its position as an occupying power, through the use of disproportionate violence on the Palestinian people, violates fundamental principles of international law and renders Israel’s presence in the occupied territory unlawful.
Stating that India is obligated under the Genocide Convention – which India has signed and ratified – to take all measures within its power to prevent genocide, the PIL says that India therefore 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.
In January 2024, the PIL saiys that the public sector enterprise ‘Munition India Ltd’ under the Ministry of Defence – has been permitted to ship its products to Israel. In April the company again applied for exporting the same product under repeat order from Israel. The approval of the same is under consideration by licensing authorities.
Other companies named in the PIL include private sector companies M/s Premier Explosive and Adani Defence and Aeropace Ltd., and others.
The PIL has stated that India must immediately make every effort to ensure that weapons already delivered to Israel are not used to commit genocide, contribute to acts of genocide or are used in such a way as to violate international humanitarian law, added the petition.
“That in light of this Constitutional mandate, any supply of arms and munitions to the State of Israel by India, is morally unconscionable and legally and constitutionally unsustainable”, says the PIL seeking direction to the Central government to call a halt to the grant of licences to the arms and military equipment manufacturing companies both in public and the private sector.
Pointing out that India voted in favour of a UN resolution on an immediate ceasefire in Gaza in December 2023, PIL says that India’s abstention from voting on a resolution calling for ceasefire and an arms embargo on Israel in April 2024, raises serious questions regarding India’s complicity in aiding the war despite the ICJ ruling on genocide.
“This is coupled with credible reports and publicly available records that Indian authorities have granted licenses for the export of arms to various companies including a public sector company, for the export of munitions to Israel, after the war began, and even after the ICJ ruling on genocide by Israel”, says the PIL.