Supreme Court Rejects Plea to Halt Arms Exports to Israel Amidst Gaza Conflict

By Legal Wires 6 Minutes Read

On Monday, September 9, 2024, the Supreme Court of India dismissed a petition seeking to halt military exports from India to Israel amidst the ongoing war in Gaza. The petitioners argued that continuing these exports contravened international obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, which India has ratified. However, the Court ruled that the matter fell within the exclusive jurisdiction of the executive and that it could not interfere in foreign policy decisions. The ruling, delivered by a bench led by Chief Justice DY Chandrachud, underscores the limited role of the judiciary in matters involving international relations and foreign trade.

Key Facts of the Case

• Petition Filed Under Article 32
  The petition was filed under Article 32 of the Constitution, seeking the cancellation of licenses permitting arms exports to Israel. The petitioners argued that Israel’s actions in Gaza amounted to genocide, and India’s arms exports violated the Genocide Convention.
• Bench Composition
  The case was heard by a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
• Foreign Policy Outside Court’s Jurisdiction
  The Court ruled that matters concerning foreign policy are under the sole authority of the Union Government, as per Article 162 of the Constitution. The judiciary has no jurisdiction to interfere in such decisions.

Judgment and Observations

• Foreign Affairs as Executive Domain
  The Supreme Court emphasized that foreign trade and military exports are matters solely within the domain of the executive. The Court cannot “direct the Government of India to not export materials to any country,” Chief Justice Chandrachud remarked. He added, “National self-interest has to be evaluated by the government.”
• Non-Interference in Foreign Policy
  Chief Justice Chandrachud questioned whether the Court could direct the government on foreign trade, asking hypothetically, “Can we direct the Government to stop the import of oil from Russia amidst the war between Russia and Ukraine?” He concluded that the Court’s role does not extend to such foreign policy determinations.
• No Judicial Injunction on Contracts
  The Court also observed that issuing an injunction to halt arms exports would potentially lead to breaches of contracts between Indian companies and international entities, further complicating the issue.

Contentions of the Petitioners

• Violation of the Genocide Convention
  The petitioners, represented by Advocate Prashant Bhushan, argued that continuing arms exports to Israelcontravened the 1948 Genocide Convention, which India has ratified. Bhushan contended, “Israel is committing genocide in Gaza, and India’s arms exports amount to complicity in those war crimes.”
• International Court of Justice Decision
  The petition also referenced a January 26, 2024, ruling by the International Court of Justice (ICJ) that issued provisional measures against Israel for its actions in Gaza, calling for an immediate halt to military violence. The petitioners argued that this ruling created an obligation for India to cease arms exports to Israel.

Courtroom Exchange

During the hearing, Advocate Prashant Bhushan reiterated that Israel was committing genocide, to which Justice Pardiwala responded, “That is a very generic statement. Let’s not unnecessarily get into all this.” Bhushan further argued that the UK Government had suspended arms exports to Israel after pressure from international jurists, but Chief Justice Chandrachud noted that this decision was made by the UK Government, not its judiciary.

Details of the Petitioners

The petition was filed by several prominent figures, including:

1. Ashok Kumar Sharma, retired diplomat
2. Meena Gupta, retired civil servant
3. Deb Mukharji, former Indian Foreign Service officer
4. Achin Vanaik, retired professor
5. Jean Drèze, development economist
6. Thodur Madabusi Krishna, renowned Karnatik vocalist
7. Harsh Mander, human rights activist
8. Nikhil Dey, founding member of Mazdoor Kisan Shakti Sangathan
9. Feroze Mithiborwala, secular peace activist
10. Prakriti, Delhi-based researcher and activist

The Supreme Court of India has reaffirmed the executive’s authority in matters of foreign trade and military exports, dismissing a plea to suspend arms exports to Israel amidst the Gaza conflict. The judgment underscores the judiciary’s limited role in intervening in foreign policy decisions, emphasizing that these matters are to be decided by the Government of India.

Legal Wires

Team @LegalWires