From UPSC perspective, the following things are important :
Mains level: India-Israel relation;
Why in the News?
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.
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.
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)
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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.
Conclusion: India’s continued arms exports to Israel, despite international legal concerns, highlight the delicate balance between strategic defence relations and adherence to international humanitarian obligations under the Genocide and Geneva Conventions.
Mains PYQ:
Q India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss. (UPSC IAS/2018)
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