Indian military export to Israel — aiding genocide https://www.thehindu.com/opinion/lead/indian-military-export-to-israel-aiding-genocide/article68648945.ece September 17, 2024 The top court’s dismissal of a petition on the subject highlights the limits of judicial review over executive decisions in matters of foreign policy, especially in violations of humanitarian law
The petition, in Ashok Kumar Sharma and Others vs Union of India, had sought the suspension of existing licences and the withholding of further licences by the government to public sector and private companies, for exporting military equipment to Israel during the ongoing war. While the Court made it clear that it was not ruling on the merits of the case, The dismissal raises important questions about the limits of judicial review over executive decisions in matters of foreign policy and especially where there are grave violations of international humanitarian law.
Supreme Court Dismisses Plea To Stop India's Military Exports To Israel Amidst Gaza Conflict https://www.livelaw.in/top-stories/supreme-court-dismisses-plea-to-stop-indias-military-exports-to-isreal-amidst-gaza-conflict-269008 9 Sept 2024 Anmol Kaur Bawa
Advocate Prashant Bhushan, for the petitioners, submitted that if the national policy is against the Constitution and the law, then the Court can interfere. Referring to the judgments of the International Court of Justice, Bhushan said that Israel is committing genocide in Gaza and India cannot allow exports which are used for genocide. That would amount to abetting genocide and the violation of the Genocide Convention, which has been ratified by India.
Bhushan argued that the Genocide Convention can be read into our municipal law and therefore, any policy, which is contravening the international treaty, has to be stopped by the Court.