India’s arms sales to Israel: Bad legally, worse ethically

Sub: IR

Sec: Int Conventions

Context:

Supreme Court of India refused to halt arms sales to Israel amid Gaza conflict.
The Court said that it was beyond its jurisdiction to direct the Government of India to not export materials to any country, as it was a matter which was completely within the domain of foreign policy.
The supreme court’s verdict has been criticised for not respecting international humanitarian laws.

Violation of international humanitarian law:

UN issued a statement in February 2024 stating any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law and must cease immediately.
UN urged member states to refrain from transfer of weapons if it is expected to violate international humanitarian law.
Such transfers are prohibited even if the exporting State does not intend the arms to be used in violation of the law.

International obligations:

Geneva Convention:

Common Article 1 (CA1) of the Geneva Convention places a responsibility on states to refrain from supplying military equipment and arms that are likely to be used in, or facilitate, serious violations of international humanitarian law or international human rights law.
Article 16 of Responsibility of States for Internationally Wrongful Acts (2001) also has the same provision
India signed the Geneva Conventions in 1949 and ratified it in 1959.
India, as a state party to the four Geneva Conventions, is bound by their provisions.
Also, Article 51 of the Constitution requires India to abide by its international obligations.

Genocide Convention:

The Genocide Convention was the first human rights treaty adopted by the General Assembly of the United Nations in 1948.
India ratified the Genocide Convention in 1950.
It places an obligation on all states, whether or not they have ratified the Genocide Convention to prevent Genocide.

Arms Trade Treaty:

The Arms Trade Treaty, which came into force on December 24, 2014, established the first comprehensive international legal framework governing the export of military equipment and arms.
Article 6 of the treaty outlines three key prohibitions on arms exports: (i) if it violates United Nations Security Council measures under Chapter VII of the Charter, particularly arms embargoes, (ii) if it contravenes relevant international obligations of international agreements of the involved parties, and (iii) if it is potentially used for grave breaches of the Geneva Conventions or in the commission of other serious international crimes.
India has not signed the treaty.

Wassenaar arrangement:

The Wassenaar Arrangement, established in 1996, is a voluntary export control regime aimed at promoting transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies.
India is a participatory state but the obligations under Wassenaar Arrangement are not legally binding.