Supreme Court Petition Seeks Immediate Suspension of India’s Arms Exports to Israel During Gaza Crisis

By Legal Wires 9 Minutes Read

In a landmark legal action, a group of former bureaucrats, activists, and senior academics have approached the Supreme Court of India with a petition seeking to halt India’s military exports to Israel. The petitioners, represented by Advocate Prashant Bhushan, argue that India’s export of arms and military equipment to Israel amidst the Gaza conflict is in violation of Articles 14 and 21 of the Indian Constitution, which protect the right to equality and life, and Article 51(c), which mandates that India adhere to international treaties. The petition also stresses that these exports could facilitate genocide and other war crimes, contravening India’s obligations under international law, including the Genocide Convention.

Key Demands of the Petition:

• The petition calls for the immediate cancellation of existing licenses for the export of arms and military equipment to Israel and demands that no new licenses be issued during the ongoing conflict.
• The petitioners argue that “India must ensure that its military assistance to Israel does not contribute to acts of genocide or violate international humanitarian law.”
• They further request that India take all necessary measures to ensure that weapons already exported to Israel are not used to commit genocide or contribute to war crimes, as outlined in international treaties India has ratified.

India’s International Obligations:

• The petition emphasizes that India is a signatory to the Genocide Convention and has ratified the Geneva Conventions, which impose a legal obligation on the country to prevent the export of arms to states involved in serious violations of international humanitarian law.
• The petition refers to a recent ruling by the International Court of Justice (ICJ) on January 26, 2024, which imposed provisional measures on Israel, calling for an immediate halt to military actions that could lead to genocide in the Gaza Strip.
• Citing the ICJ’s decision, the petitioners note that United Nations experts have issued statements warning against the transfer of weapons to Israel, as these could violate international humanitarian law and implicate states, including India, in complicity in international crimes.

The petition asserts: “India, as a responsible global player and a member of the international community, cannot continue exporting arms to Israel when there is a significant risk that these weapons will be used to commit war crimes.”

India’s Alleged Complicity in Supporting Israel:

• The petition also sheds light on India’s recent voting behavior at the United Nations, where India supported a resolution for an immediate ceasefire in Gaza in December 2023. However, the petition highlights India’s abstention from voting on a subsequent resolution in April 2024, which called for a ceasefire and arms embargo on Israel, raising concerns about India’s position on the conflict.
• The petitioners argue that despite the ICJ ruling and credible reports about Israeli military actions, India continues to export arms. They state: “These exports undermine India’s stance on international peace and raise questions about India’s possible complicity in fueling the war in Gaza.”
• According to the petition, three Indian companies have been granted export licenses to ship arms to Israel during the ongoing conflict. These companies include Munition India Ltd., a public sector enterprise under the Ministry of Defence, and Premier Explosives Ltd. (PEL), a private company. The petition alleges that these companies have continued exporting arms, even after the ICJ’s ruling, in clear violation of India’s obligations under international law.

The petition adds: “These arms shipments are not just acts of trade but acts of complicity, as they actively support the Israeli military’s operations in Gaza, leading to the deaths of Palestinians.”

Details of Arms Exports to Israel:

• Munition India Ltd. received approval to ship munitions to Israel in January 2024. The company subsequently applied for another export license in April 2024 for a repeat order from Israel, which is currently under consideration.
• Premier Explosives Ltd. has been exporting explosives and related accessories to Israel since 2021 under a SCOMET license from the Directorate General of Foreign Trade (DGFT). The petition claims that PEL has exported arms to Israel three times since the war began, with approvals granted as recently as February 1, 2024.
• The petition also highlights the role of Adani-Elbit Advanced Systems India Ltd., a joint venture between the Adani Group and Israel’s Elbit Systems. This venture has manufactured and exported military drones, including the Hermes 900 UAVs, extensively used by the Israeli Defence Forces in Gaza. The petition references the company’s annual reports, which reveal continuous deliveries of subsystems and munitions to Israel.

Violation of India’s Constitutional and International Obligations:

• The petition strongly asserts that India’s export of arms to Israel during the Gaza conflict constitutes a violation of Article 14 and Article 21 of the Indian Constitution, as well as India’s international obligations under the Genocide Convention.
• The petitioners argue that these arms exports are “arbitrary, unreasonable, and unfair” and must be struck down as unconstitutional. They call for judicial review of these state actions, asserting that “any state action that contributes to the loss of life and human rights violations cannot be immune from judicial scrutiny.”

The petition states: “India’s role in supporting military operations through arms exports not only violates its own constitutional guarantees but also its commitment to uphold international humanitarian law.”

Notable Petitioners:

The petition has been filed by a group of notable individuals, including:

1. Ashok Kumar Sharma, a retired civil servant from the Indian Foreign Service.
2. Meena Gupta, former officer of the Indian Administrative Service.
3. Deb Mukharji, former diplomat of the Indian Foreign Service.
4. Achin Vanaik, retired professor and former Dean of the Faculty of Social Sciences, University of Delhi.
5. Jean Drèze, development economist and professor.
6. Thodur Madabusi Krishna, a renowned vocalist in India’s classical music tradition.
7. Harsh Mander, human rights activist, writer, and Chairperson of the Centre for Equity Studies.
8. Nikhil Dey, founding member of the Mazdoor Kisan Shakti Sangathan (MKSS).

Ashok Kumar Sharma & Ors. v. Union of India, WP (C) __ of 2024

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