PIL in SC seeks direction to Centre to stop export of arms, military equipment to Israel

As Israel-Gaza conflict continues unabated, a PIL has been filed in the Supreme Court seeking a direction to the Centre to cancel licences and not to grant new ones to Indian firms exporting arms and other military equipment to Tel Aviv.

“India is bound by various international laws and treaties that obligate India not to supply military weapons to States guilty of war crimes, as any export could be used in serious violations of international humanitarian law,” the PIL filed through advocate Prashant Bhushan submitted.

Filed by 11 people, one Ashok Kumar Sharma of Noida, the PIL said supply of military equipment to Israel by companies, including a public sector enterprise, under the MoD violated India’s obligations under international law coupled with Articles 14 and 21 of the Constitution.

Triggered by an unprecedented attack by Hamas gunmen across Gaza’s border into Israel October 7, 2023, killing about 1,200 innocent civilians, Israel’s war on Gaza has resulted in killings of thousands of Palestinians.

The International Court of Justice had on January 26, 2024 ordered provisional measures against Israel for violations in the Gaza Strip of obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.

“The provisional measures include immediate military halt to all killings and destruction that is being perpetrated by Israel on the Palestinian people. In the light of this judgment United Nations experts released a statement warning against the transfer of weapons and military ammunition to Israel which may constitute serious violation of human rights and international humanitarian laws and risk state complicity in international crimes, possibly including genocide,” the petitioners submitted.

“India is bound by various international laws and treaties that obligate India not to supply military weapons to States guilty of war crimes, as any export could be used in serious violations of international humanitarian law,” they said.