On Monday, the Supreme Court of India dismissed a petition seeking an immediate suspension of military aid to Israel amidst the ongoing conflict in Gaza. The petition, filed by a group of retired public servants, scholars, and activists, had sought to halt the supply of weapons by Indian companies to Israel, arguing that such aid contravened international laws and treaties against genocide and war crimes.
The bench, headed by Chief Justice Dhananjaya Y. Chandrachud, stated that the court could not intervene in such matters, as decisions on military aid and foreign policy are within the purview of the government. The court emphasized that Israel, as a sovereign nation, is not subject to the jurisdiction of Indian courts, and international contracts governing arms supplies are beyond judicial review.
The petitioners, represented by advocate Prashant Bhushan, contended that India’s continued arms supply to Israel violated the Genocide Convention, which prohibits aiding nations involved in genocide. Bhushan cited the alleged bombing of civilian targets by Israel as evidence of war crimes.
In response, the court noted that the government, and not the judiciary, should decide on such matters, considering economic and geopolitical factors. It compared the situation to hypothetical scenarios involving other international conflicts, such as the Russia-Ukraine war, highlighting the complexity of foreign policy decisions.
Solicitor General Tushar Mehta, representing the Centre, argued that judicial intervention could jeopardize diplomatic relations and endorsed the government’s cautious approach. He also pointed out that the court’s involvement could inadvertently support the allegations made by the petitioners, which may not align with diplomatic norms.
The court acknowledged the role of Parliament in implementing international treaties under Article 253 of the Indian Constitution, emphasizing that legislative and executive branches are best suited to address these issues. The petitioners had also sought a ban on military exports to Israel, including those from public sector enterprises and private companies.
The International Court of Justice had previously issued provisional measures against Israel for alleged violations of the Genocide Convention. However, the Supreme Court of India determined that such international legal obligations are for the executive branch to address, not the judiciary.
The court’s decision underscores the separation of powers, reaffirming that foreign policy and military aid are governed by government policy and international agreements, rather than judicial rulings.
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