The recent Supreme Court dismissal of a public interest litigation (PIL) requesting a halt to the export of defense equipment to Israel due to alleged war crimes in Gaza has sparked a debate on India’s defense exports and their impact on international humanitarian law. While the court cited foreign policy as outside its jurisdiction, the issue raised by the PIL extends beyond Israel and carries significant implications for India’s ambitions to become a major defense exporting nation.
Several countries, such as the Netherlands and the United Kingdom, have implemented restrictions on defense exports to Israel based on concerns of potential violations of international humanitarian law (IHL). These restrictions are rooted in European Union regulations and national laws that require an assessment of the recipient country’s compliance with IHL before allowing arms exports.
In contrast, Indian law lacks similar provisions mandating a review of IHL compliance when exporting defense equipment. The existing legal framework, including the Foreign Trade Act and the Weapons of Mass Destruction and their Delivery Systems Act, empowers the central government to regulate defense exports based on various factors, including international treaty obligations. However, there is no explicit requirement to assess IHL compliance in the process.
To address this legal gap, it is essential for India to consider amending its laws to align with international standards, particularly the Arms Trade Treaty, which sets guidelines for responsible arms transfers and prohibits exports if there is a risk of war crimes being committed. While India is not a signatory to the treaty, customary international law principles underscore the importance of assessing the potential misuse of exported arms.
Furthermore, India’s obligations under international humanitarian law, specifically the Geneva Conventions, mandate a commitment to ensuring that arms exports do not contribute to violations of IHL by the importing country. By incorporating these obligations into domestic law, India can enhance its reputation as a responsible defense exporter and uphold its commitment to human rights and international law.
In light of these considerations, legal experts emphasize the need for a comprehensive review of India’s defense export policies to ensure compliance with international humanitarian law. Rather than solely relying on foreign policy considerations, a legal framework that explicitly addresses IHL compliance in defense exports is crucial for India to fulfill its obligations as a responsible global actor in the arms trade industry. By taking proactive steps to align its laws with international standards, India can strengthen its position as a key player in the defense export market while upholding the principles of humanitarian law and ethical arms transfers.
