With ordnance supply to Israel, is India taking part in war in Gaza?

Despite India’s declared stand against Israel’s military offence in Palestine, particularly in Gaza, which constitutes genocide, India has reportedly assisted Israel in supplying munitions that are believed to have been used in the Israeli war through a government-owned military enterprise.

A report published in The Wire said that Munitions India Ltd (MIL), a public sector enterprise under the Ministry of Defence, has been granted permission to export products to Israel, with a repeat order under consideration as of April 2024.

This is apart from the reported export of munitions, including aero-structures and subsystems for drones, to Israel between 2019 and 2023 by the Adani group. Premier Explosives Ltd (PEL), a private Indian company, has also been exporting explosives and allied accessories to Israel since at least 2021.

These exports, authorized by the Directorate General of Foreign Trade (DGFT), have raised questions about India's adherence to international regulations, particularly in light of its obligations under the Genocide and Geneva Conventions. The timing of these exports, amid the escalating conflict, has prompted concerns about their potential use in violations of international law.

India's obligations regarding arms exports to parties involved in armed conflicts have come under scrutiny, particularly in the context of a recent order by the International Court of Justice (ICJ). While the ICJ rejected Nicaragua's request to halt German arms sales to Israel, it emphasized the importance of all states adhering to their international obligations to prevent arms from being used to violate humanitarian laws.

The Modi government now faces pressure to ensure that the exported items are not used in a manner inconsistent with their stated end-use. Failure to do so could lead to accusations of complicity in potential human rights violations and undermine India's standing in the international community.

The response from MIL and PEL to the queries from The Wire was inconclusive, citing security and transparency concerns, but reportedly emphasized their compliance with regulations and the sensitivity of the information involved.

The case underscores the importance of robust end-use verification mechanisms in arms exports. While SCOMET licences issued by the DGFT require end-user certifications, there are concerns about the effectiveness of these measures in preventing misuse of exported items.

As a party to the Genocide and Geneva Conventions, India has a responsibility to ensure that its arms exports do not contribute to human rights abuses or violations of international law.