Arundhati Roy calls on India to halt arms sales to Israel or ‘forever be linked to genocide’

First published on Middle East Eye

The Indian government should halt the sale and export of arms and ammunition to Israel or “forever be linked to the genocide in Gaza”, writer and activist Arundhati Roy has told Middle East Eye.

Roy’s comments on Friday come as civil society grows ever more weary of India’s complicity in Israel’s war on Gaza which has already claimed around 40,000 Palestinian lives, injured tens of thousands of others and left the besieged enclave in complete ruin.

Earlier this week, several prominent figures, including Roy, former Indian Supreme Court judges and bureaucrats, sent a letter to India’s defence ministry calling for an immediate halt to the issuing of permits to export arms, drones and other explosives to Israel.

In the letter seen by MEE, over two dozen signatories said the continuation of weapons exports to Israel would amount to a serious breach of international law, given the preliminary findings of the International Court of Justice (ICJ). According to Article III of the Genocide Convention, state complicity in genocide is a punishable offence.

The letter, signed by prominent figures like advocate Prashant Bhushan, senior advocate Mihir Desai, and activist Harsh Mander among others, comes just over a month after reports surfaced of several arms transfers from India to Israel – even after the ICJ found it is plausible that Israel has committed crimes that violate the Genocide convention.

Organisers behind the letter said they believe at least three companies in India had been granted licences for the export of arms and military equipment to Israel during this period.

The letter added that the licences were obtained either from the Directorate General of Foreign Trade (DGFT) or the Department of Defence Production (DDP), which authorise the export of arms and munitions for “military use and dual use purposes”.

“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 Palestinian territories.

“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,“ the letter dated 30 July said.

In June, several UN experts warned that the transfer of weapons and ammunition to Israel may constitute serious violations of human rights and international humanitarian laws. It called for an immediate halt to arms transfers, warning of state complicity in international crimes, possibly including genocide.

“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,” the letter added.

“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,” the letter said.

In her comments to MEE on Friday, Roy said that though India had been a longtime supporter of Palestinian rights, things have changed.

Referring to the bouquet of weapons sent to Israel from India over the past several months as well as the thousands of Indian construction workers sent to Israel, Roy said that India would have to reverse these decisions or face being in breach of the ICJ.

“India needs to stop the export of weapons to Israel and ensure the return of Indian workers who have been sent to Israel to replace Palestinian workers. If it does not do so at once, it is in violation of the orders of the ICJ,” the Booker prize-winning author Roy said.

“It will forever be complicit in aiding and abetting a genocide that is being telecast live for the world to watch,” Roy added.

In April, rocket engines, explosive substances, and propellants for cannons were loaded on a ship in India before it headed off to the Israeli port, Ashdod.

In May, another ship from India was refused entry to Spain on account of it carrying explosives en route to Israel.

Earlier in the year, Indian news channel TV9 Hindi reported that Indian-made Israeli drones had been sent to Israel. The Hermes 900 drones, the news channel reported, manufactured in the south-central Indian city of Hyderabad, would help fulfil “Israel’s needs in the Israel-Hamas war”.

India’s military relations with Israel date back to the 1960s, when Israel sent military aid during its war with China (1962) and Pakistan (1965).

Since India normalised ties with Israel in 1992, military ties have formed the bedrock of the relationship.

However, India-Israel relations have accelerated over the past decade under the leadership of Prime Minister Narendra Modi.

India now purchases more Israeli weapons than any country on the planet.

Between 2015 and 2019, India’s purchase of Israeli weapons increased by 175 percent.

Indian universities are becoming part of the Israeli military industrial complex

Azad Essa

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Jul 10

Over the past several months, the world has seen an outpouring of solidarity and support for Palestinians, in protest of the ongoing genocide in Gaza.

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Moreover, since India and Israel became strategic partners in 2017, Indian companies have begun to co-produce several Israeli weapons, including Tavor X95 assault rifles; the Galil sniper rifles; Negev light machine guns; as well as Hermes 900 medium altitude long endurance drones.

Defence analysts have argued the partnership could lead to the mass production of Israeli weapons in India.

Though the relationships have been welcomed by many Indians who see the deals as an economic opportunity, trade unions have been warning against the spiralling partnerships.

“Israel has been conducting a genocide for months – killing students, teachers, researchers; and destroying schools, colleges and universities. Building academic ties with Israeli universities under these circumstances is morally reprehensible,” Akash Bhattacharya, a leader with the All India Central Council of Trade Unions, told MEE earlier in July.

“Besides, these strategic partnerships are pushing Indian universities into the emerging Indo-Israeli military-industrial complex,” Bhattacharya added.

India’s close friendship with Israel has seen Delhi become one of Israel’s most ardent supporters since the Hamas-led attacks of 7 October on southern Israel, and the war on Gaza.

India abstained from the UN resolution calling for a ceasefire in October 2023.

In December, it voted for a ceasefire, but it has since refused to get behind a UN Human Rights Council resolution calling for an arms embargo on Israel.

Earlier this week, several former judges and bureaucrats wrote a letter to the Ministry of Defense, calling on the government to cancel licenses allowing the export of military aid to Israel. The collective warned that should India continue sending aid to Israel, it will render Delhi complicit in the ongoing genocide.

Here is the full text of the letter written to the Defence Minister

Ministry of Defence
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 reports1 and information available in the public domain, we believe, at least three companies in India dealing with 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 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 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 grant of licences and licences pending consideration to MIL and PEL:

1. (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
2. (Serial number 3807) Application made by M/s Munitions India Limited on 18.04.2024 as a repeat order is pending approval.
3. (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
4. (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
5. (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

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 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 Jazeera2, “…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 states 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.3

In a press release dated 20th June 20244, 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.

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.” (Emphasis added)

On the 19th of July 2024, the ICJ rendered a detailed judgment5 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 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 Conventions6.

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 supply of military arms and munitions by Indian companies to Israel.

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