New Delhi: In a letter to the defence minister, twenty-five distinguished citizens—including former justices of the Supreme Court and high courts, economists, activists, and poets—implore him to stop the licensing procedure that permits exporters to send military hardware and ammunition to Israel. After Hamas attacked Palestine in October of last year, Israel has been spearheading an offensive against the Palestinian people that has been called genocide. Several thousand Palestinians have lost their lives in vicious attacks. The controversy stems from India's alleged arms 'exports' to Israel during the Gaza crisis.
The letter is signed by former Supreme Court judges Ruma Pal, B. Sudarshan Reddy, and S.N. Variava, former Madras High Court K. Chandru, former Chief Information Commissioner Wajahat Habibullah, retired IFS officers Deb Mukherji and Ashok Sharma, retired IAS officers Meena Gupta and EAS Sarma, former Lalit Kala Akademi chairperson Ashok Vajpeyi, author Arundhati Roy, musician T.M. Krishna, CPIM leader Brinda Karat, psephologist Yogendra Yadav, senior advocate Chander Uday Singh, advocates Prashant Bhushan, R. Vaigai, and Mihir Desai, activists Harsh Mander, Aruna Roy, Nikhil Dey, Anjali Bhardwaj, Kavita Srivastava and Vijayan MJ, and development economist Jean Dreze, the Wire reported.
According to the signatories' letter to Rajnath Singh, India's alleged support—through the granting of licenses—to at least three companies for the export of weapons and military hardware to Israel, even during this stage of the ongoing conflict in Gaza and after the ICJ rulings, violates India's duties under international law and the mandates of Articles 21 and 51(c) of the constitution.
Below is the full text of the letter.
To,
The Defence Minister Ministry of Defence
Room No 305
‘B’ Wing, Sena Bhawan
New Delhi-110011
30th July 2024
Subject: Re cancellation of licences and halt to grant of new licences to companies supplying military arms and equipment to Israel
Dear Sir,
We are writing to you as concerned citizens, alarmed at the continued grant of export licences and permissions to various Indian companies, for the supply of military arms and munitions to Israel, since the war on Gaza began. The International Court of Justice (ICJ) has clearly ruled that Israel is in violation of obligations under the Genocide Convention and further that Israel is in illegal occupation of the occupied Palestinian territory. In light of these rulings, any supply of military material to Israel would amount to a violation of India’s obligations under international humanitarian law and the mandate of Article 21 read with Article 51 (c) of the Constitution of India. We urge you, therefore, to cancel the concerned export licences and halt the granting of any new licences to companies supplying military equipment to Israel.
Export of military equipment by various Indian companies to Israel
As per reports and information available in the public domain, we believe, at least three companies in India dealing with the manufacture and export of arms and munitions have been granted licenses for the export of arms and military equipment to Israel, even during this period of the ongoing war in Gaza and even after the ICJ rulings. These licences have been obtained from either the Directorate General of Foreign Trade (DGFT) or the Department of Defence Production (DDP) that authorize the export of arms and munitions for military use and dual-use purposes.
In January 2024, Munition India Ltd. (MIL) a public sector enterprise under the Ministry of Defence, was permitted to ship its product to Israel and the company again applied for exporting the same product under a repeat order from Israel and approval of the same is under consideration by licensing authorities. A private Indian company, Premier Explosives Ltd. (PEL), which has been exporting explosives and allied accessories to Israel under licence from the DGFT at least since 2021, has been permitted to export these items twice since Israel’s war on Gaza began last year – on November 20, 2023, and January 01, 2024. Hyderabad-based joint venture, Adani-Elbit Advanced Systems India Ltd., in which the Adani Group has a controlling stake, has manufactured and exported munitions in the form of Indian – made aero-structures and subsystems purposed specifically for military use, for over 20 Hermes 900 UAVs/military drones to the Israeli military between 2019 and 2023. Hermes drones – similar to what Adani-Elbit Advanced Systems India Ltd has delivered – have been extensively used in the Israeli Defence Forces’ military campaign in Gaza. The company’s annual report 21-22 mentions that the company has received orders for 22 Hermes 900 subsystems to be delivered over 36 months and the most recent financial report reveals that a new subsidiary of Adani Enterprise, Adani-Israel Ltd. has been incorporated in Israel in September 2023.
An important document detailing the Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) application status as available on the DGFT website, provides the following information on the grant of licences and licences pending consideration to MIL and PEL:
(Serial number 2880) Application made by M/s Munitions India Limited on 14.08.2023 for fresh export to Israel was granted approval on 1.01.2024
(Serial number 3807) Application made by M/s Munitions India Limited on 18.04.2024 as a repeat order is pending approval.
(Serial no. 2841) Application made by M/s Premier Explosives Limited on 2.08.2023 for fresh export was granted approval on 20.11.2023
(Serial no. 2890) Application made by M/s Premier Explosives Limited on 18.08.2023 for fresh export was granted approval on 20.11.2023
(Serial no. 3045) Application made by M/s Premier Explosives Limited on 5.10.2023 for fresh export was granted approval on 1.02.2024
(A copy of the SCOMET application status document as available on the DGFT website and downloaded on 2.05.2024 is annexed as Annexure 1)
The licence approval to MIL and PEL to export some of their products to Israel was by the DGFT and not the DDP, meaning thereby, that the product MIL sought to export is a ‘dual-use’ item, but could include an item for military use as well. However, details of items for which export licenses have been issued are not available in the public domain. Such products could be in the form of explosives, and pyrotechnics, initiators, fuses and charges thereof, which, besides their direct military use, would also have non-military applications such as rock blasting and other geo-engineering work. There is every possibility that, in the context of the ongoing war being waged on the Palestinians in Gaza, these would be used by the IDF for its military ends.
The SCOMET application status document has been downloaded from the DGFT website on 2nd May 2024. Thereafter, some changes appear to have been made to the manner of disclosure of information on the DGFT website, as currently, the application status no longer discloses the name of the country to which the export is being made and order status details.
Having voted in favour of a UN resolution on an immediate ceasefire in Gaza in December 2023, India’s abstention from voting on a resolution calling for a ceasefire and an arms embargo on Israel in April 2024, raises serious questions regarding India’s possible complicity in aiding the war despite the ICJ ruling on genocide. This coupled with credible reports and publicly available records suggests that Indian authorities have granted licenses for the export of arms to various companies including a public sector company, for the export of munitions to Israel.
On April 2, 2024, a ship containing explosives loaded in Chennai was en route to Israel’s port of Ashdod. A report published on Al Jazeera states that according to a document seen by Al Jazeera,4“…the ship contained explosives loaded in India and was en route to Israel’s port of Ashdod, some 30km (18 miles) from the Gaza Strip. Marine tracking sites show it departed Chennai in southeast India on April 2… The identification codes specified in the documentation, obtained unofficially by the Solidarity Network Against the Palestinian Occupation (RESCOP), suggest the Borkum contained 20 tonnes of rocket engines, 12.5 tonnes of rockets with explosive charges, 1,500kg (3,300 pounds) of explosive substances and 740kg (1,630 pounds) of charges and propellants for cannons.” Reports also state that “A second cargo ship that had departed India was denied entry on May 21 to the port of Cartagena. Spanish newspaper El Pais reported that the Marianne Danica left from India’s port of Chennai and was en route to Israel’s port of Haifa with a cargo of 27 tonnes of explosives. Minister of Foreign Affairs Jose Manuel Albares confirmed in a news conference that the vessel was denied entry on the grounds that it was shipping military cargo to Israel.”
Violation of International Law and Conventions
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. India is obligated under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), which India has signed and ratified, to take all measures within its power to prevent genocide. India therefore cannot export any military equipment or weapons to Israel when there is a serious risk that these weapons might be used to commit war crimes. Article III of the Genocide Convention makes States' complicity in genocide a punishable offence. Article IV of the Convention provides “that member states must punish those who commit genocide, regardless of their position: constitutional rulers, public officials, and private individuals”. The obligation not to supply weapons to States possibly guilty of war crimes is also an obligation directly based on common Article 1 of the Geneva Conventions which India has also signed and ratified. The principles embodied in these Conventions are part of general international law.
The International Court of Justice on 26th January 2024, ordered provisional measures against Israel for violations in the Gaza Strip of obligations under the Genocide Convention. The provisional measures include immediate military halt to all killings and destruction that is being perpetrated by Israel on the Palestinian people.
In a press release dated 20th June 20246, several UN experts have warned that the transfer of weapons and ammunition to Israel may constitute serious violations of human rights and international humanitarian laws, and risk State complicity in international crimes, possibly including genocide, reiterating their demand to stop transfers immediately.
“…In line with recent calls from the Human Rights Council and the independent UN experts to States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel, arms manufacturers supplying Israel –…should also end transfers, even if they are executed under existing export licenses.
…These companies, by sending weapons, parts, components, and ammunition to Israeli forces, risk being complicit in serious violations of international human rights and international humanitarian laws
The UN experts said that arms companies must systematically and periodically conduct enhanced human rights due diligence to ensure that their products are not used in ways that violate international human rights and international humanitarian laws.”
On the 19th of July 2024, the ICJ rendered a detailed judgment7 on the Legal Consequences arising from policies and practices of Israel in the occupied Palestinian territory including East Jerusalem. The court held that the sustained abuse by Israel of its position as an occupying power, through the use of disproportionate violence on the Palestinian people, violates fundamental principles of international law and renders Israel’s presence in the occupied territory unlawful.
The Court considers that … The sustained abuse by Israel of its position as an occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the Occupied Palestinian Territory unlawful.
Moreover, the Court considers that, in view of the character and importance of the rights and obligations involved, all States are under an obligation not to recognize as legal the situation arising from the unlawful presence of Israel in the Occupied Palestinian Territory. They are also under an obligation not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory. It is for all States, while respecting the Charter of the United Nations and international law, to ensure that any impediment resulting from the illegal presence of Israel in the Occupied Palestinian Territory to the exercise of the Palestinian people of its right to self-determination is brought to an end.”
The ICJ has further held in Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany) that it considers it particularly important to remind States of their international obligations relating to the transfer of arms to parties to an armed conflict, in order to avoid the risk that such arms might be used to violate the Genocide and Geneva Conventions.
You must be aware that the Hon’ble Supreme Court has held in numerous cases that India is under an obligation to interpret domestic law in the light of the obligations under the conventions and treaties that India has both signed and ratified.
In short, the grant of licences and approvals for export of military material to Israel, coupled with reports of such exports by Indian companies, constitutes a serious violation of India’s obligations under international law and our own Constitution. International law aside, we consider such exports to be morally objectionable, indeed abominable. We demand, therefore, that India should immediately suspend its collaboration in the delivery of military material to Israel. Further, India must immediately make every effort to ensure that weapons already delivered to Israel are not used to contribute to acts of genocide or violations of international humanitarian law. The details of export licenses, including the country to which exports are being made, should continue to be in the public domain, as was available on the website earlier. You are therefore requested to review and cancel/suspend all existing licences for the supply of military arms and munitions by Indian companies to Israel.