Joseph Maliakan
The International Court of Justice (ICJ) on 26 January 2024 ordered provisional measures against Israel for violations in Gaza Strip of oblgations under the Convention on the Prevention and Punishment of the Crime of Genocide. It included immediate halt to all killings and destruction that is being perpetrated by Israel on the Palenetinian people.
In the light of the judgement the United Nations warned member states against transfer of weapons and ammunition to Israel , which may constitute violation of human rights and International Humanitarian Law (IHL) and risk state complicity in international crimes ,including genocide.
Further on 19th July 2024 the ICJ in a detailed order held that the sustained abuse by Israel of its position as an occupying power , through the use of disproportionate violence on the Palestenian people , violates fundamental principles of international law and renders Israel’s presence in the occupied territory unlawful.
International humanitarian law obligates States to recognise wars have limits and regulates the conduct of States. India is bound by various international laws and treaties that obligates India not to supply weapons or amunitions to States guilty of war crimes . India is obligated under the Genocide Convention to take all measures within its power to prevent genocide. India therefore cannot export any military equipment or weapons to Israel when there is a risk that these might be used to commit war crimes.
Article III of the Genocide Convention makes States complicity in genocide a punishable offence. The obligation not to supply weapons to States possibly guilty of war crimes is an obligation directly based on common Article 1 of the Geneva Convention which India has signed and ratified.
In spite of this the Indian government has granted licences for export of arms and ammunition to Israel to various companies, including a public sector company .At least three companies in India dealing with manufacture and export of arms and amunitions have been granted licences for export of their products to Israel even after the ICJ ruling on genocide by Israel.
A petition pointing out the gross violation of IHL and the Convention on Genocide by the goverment of India came up for hearing in the Supreme court of India on 9th September 2024.The signatories to the petition included former civil servants, eminant academics and social activits.
However, a three judge bench of the Supreme Court of India comprising Chief Justice of India , Dr. Dhananjaya Y Chandrachud , Justices J. B. Padiwala and Manoj Misra without even issuing notice to the Union of India , dismissed the writ petition filed under Article 32 of the constitution.
The Supreme Court in its dismisal order said , ” Supporting the submissions of the petitioners , Mr. Prashant Bhushan , counsel has relied on the rulings of the International Court of Justice allegedly into the conduct of Israel in Palestenian territories. The submission said India is bound by international treaties which disallow the supply of military weapons to States who have engaged in war crimes/genocide.
” In other words the submission is that the continuation of the export licences would constitute action complicit against the Genocide Convention and other international obligations which India has assumed.”
First of all the use of the word allegedly about the International Court of Justice ruling on Israel’s conduct by the Supreme Court is intriguing. The ICJ ruling was not only very detailed and firmly established war crimes committed by Israel in the occupied territories.
The Supreme Court has erronuosly treated the petition as Indian Government’s foreign policy matter. Here what is at stake is the International Human Right Law and Convention on Genocide which India has signed and ratified. The goverment of India is bound to abide by the Convention and also the rulings of the ICJ.
Further the Supreme Court has taken the supply of arms and ammunition to Israel as a simple business deal . After the ICJ found Israel guilty of genocide how could any member state of the United Nations supply arms and ammunition to Israel under normal business rules ?
In this context it is pertinent to point out details of the conduct of other countries in the matter of supplying arms and amunition to Israel following ICJ indictment of Israel’s conduct in the occupied territories of Palestine.
On 3 September 2024 the United Kingdom suspended arms export to Israel over humanitarian law concerns. In March 2024, Canada’s parliament passed a non-binding motion on the Gaza conflict which called on the government to cease the further authorisation and transfer of arms exports to Israel.
The motion states on transfer of arms : ” the House calls on the government (b) cease the further authorisation and transfer of arms exports to Israel to ensure compliance with Canada’s arms export regime and increase efforts to stop the illegal trade of arms , including to Hamas.”
In response to the motion the Ministry of Foreign Affairs responded : ” All permits issued for the export of military goods and technologies destined to Israel between 7 October 2023 and 8 January 2024 – as well as all previously approved permits which remain in effect – are for non lethal items. The government has not approved any new permits since 8 January 2024. The government is also fully engaged in responding to the provisions of the motion passed by the House of Commons on 18 March 2024.”
Similarly Spain also stated that no arms sales to Israel has been authorised since 7 October 2023. A statement issued by , Ministry of External Affairs , Spain on 2 February 2024 said , ” In response to reports in some media , the Ministry for Foreign Affairs , European Union and Cooperation informs that no arms sales operations to Israel have been authorised since 7 October 2023.”
Japan based company Itochu Corporation announced on 5 February 2024 that it will end its partnership with Israel weapons manufacturer Elbit Systems by the end of February. As per Reuters report ” Itochu plans to end the colaboration after the World Court ordered Israel lat month to prevent acts of genocide against Palestenians and do more to help civilians , Itochu Chief Financial Officer Tsuyoshi Hachimura said.”
And as reported by Business and Human Rights Resource Centre , the local government of the Walloon Region in Belgium suspended arms export licences to Israel citing ICJ ruling ordering Israel to prevent genocide. However India caries on unmindful of the ” alleged ” International Court of Justice finding on Israeli genocide in Palestine!
