The Supreme Court of India on Monday dismissed a suit that sought to halt arms exports to Israel amid its ongoing conflict in Gaza, citing the court’s inability to interfere in matters of foreign policy. The petition, a public interest litigation (PIL), argued that supplying military equipment to Israel could potentially violate international obligations under the UN Convention on the Prevention and Punishment of the Crime of Genocide.
However, the Supreme Court ruled that it cannot intervene in matters of foreign policy, which is a function of the Indian Government under Article 162 of the country’s Constitution. The court also emphasized that halting exports could have significant legal and diplomatic ramifications, including potential lawsuits from international entities for breaching existing contracts.
The petitioners had called for the immediate cancellation of export licenses and the suspension of new ones for companies supplying military equipment to Israel. They contended that Israel’s actions in Gaza constituted serious violations of human rights and international law, making India’s role in arms supply morally and legally questionable.
In its decision, the court noted that ruling on such issues would require the judiciary to assess the conduct of a sovereign nation, which lies outside its jurisdiction. The court further clarified that the government reserves the responsibility of regulating foreign trade and managing international relations, especially in sensitive matters involving global conflicts.
India supports a two-state solution as the path to resolving the longstanding Israel-Palestine conflict.