On Monday, the Supreme Court of India dismissed a petition seeking to prevent India and Indian firms from supplying military aid to Israel amidst its ongoing conflict in Gaza. The court ruled that it cannot intervene in matters of foreign policy, which fall under the jurisdiction of the Union government. Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra noted that any action to halt arms exports could have significant diplomatic repercussions and that the court would need to make determinations on allegations against Israel, a sovereign nation outside its jurisdiction.
The petition, brought by Ashok Kumar Sharma and others through lawyer Prashant Bhushan, claimed that Indian arms exports to Israel could violate the Convention on the Prevention and Punishment of the Crime of Genocide, given allegations of genocide in Gaza. However, the court highlighted that it is not within its purview to address these international legal issues or to impact foreign policy decisions.
India and Israel have a close strategic partnership, with extensive collaboration in defense technologies and military equipment. Israel provides India with counter-terrorism tools, including advanced surveillance and cybersecurity systems. The conflict has resulted in significant casualties, with recent violence escalating after Hamas’s attack on Israel on October 7, 2023, which led to the deaths of around 1,200 people.
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