Top Indian lawyers raise alarm over Delhi’s military exports to Israel

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Updated 24 August 2024
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Top Indian lawyers raise alarm over Delhi’s military exports to Israel

  • Indian weapon sales to Israel came into spotlight after Spain blocked Indian shipment through its ports
  • Defense Ministry spokesperson says India has not authorized any arms supplies to Israel in past months

NEW DELHI: Top lawyers are sounding the alarm over the consequences of Indian arms exports to Israel, which they say violate international conventions and the country’s own domestic law in the wake of the war on Gaza.

Indian arms sales to Israel came into the spotlight in May, when two cargo ships were prevented from docking in the Spanish port of Cartagena after reports that they were loaded with weapons.

The first vessel was en route from Chennai in southeast India to the Israeli port of Ashdod — some 30 km from Gaza — and was blocked by Spanish activists. The second was on the way from Chennai to Haifa, and was officially denied entry, with Spanish Foreign Minister Jose Manuel Albares confirming to the media that the vessel was carrying a shipment of arms to Israel.

In June, after Israel’s deadly bombing of a UN-run school sheltering thousands of displaced people in central Gaza, Palestinian reporters released a video showing the remains of a missile found in the rubble after the attack. A label on it read: “Made in India.”

The reports have triggered an uproar among Indian civil society and opposition politicians, who have requested clarification from the Ministry of Defense and the Ministry of External Affairs over the military cooperation in the wake of Israel’s deadly onslaught on Gaza and a genocide case against the country in the International Court of Justice.

A recent petition signed by Supreme Court lawyers, judges and retired foreign service officials called on Defense Minister Rajnath Singh to halt the issuance of licenses to companies supplying military equipment to Israel and cancel the existing ones, as the exports are not only “morally objectionable” and “abominable,” but also constitute a “serious violation” of law.

“It’s very clear that genocide is being committed in Palestine by Israel; the International Court of Justice has virtually said so,” Prashant Bhushan, a public interest lawyer in the Supreme Court of India, told Arab News.

“India is clearly aiding that genocide.”

A Ministry of Defense spokesperson told Arab News on Saturday that “it is the Indian government’s policy not to sell weapons to countries in conflict” and that the government “has not authorized the supply of any weapons to Israel during the last several months.” 

The spokesperson did not comment on canceling existing licenses.

At least 40,334 people — most of them children and women — have been killed and more than 93,300 wounded in Israeli military attacks on Gaza since Oct. 7, according to the Palestinian enclave’s Health Ministry estimates.

The real toll, however, is believed to be much higher as the ministry’s data does not include people buried under rubble, those who died of their injuries or who starved to death, as Israeli forces have been blocking international aid. One of the world’s leading medical journals, the Lancet, estimated last month that the actual death toll of Palestinians killed in Gaza could exceed 186,000 — or almost 10 percent of the territory’s population.

The substantial evidence of Israel breaking international humanitarian law, the genocide and war crime proceedings against its leadership in the ICJ and International Criminal Court, as well as a new case brought by Nicaragua against Germany over its support for Tel Aviv, create legal circumstances in which India can be charged with violating its own constitution and international law.

Dr. Anwar Sadat of the Indian Society of International Law said that the violations are on “several” levels, starting with international humanitarian law.

“Israel is targeting civilian population consistently. Israel is targeting hospitals, Israel is targeting supply lines, Israel is targeting the supply of humanitarian assistance to Palestinian people,” he told Arab News. “Israel is in serious violation of international humanitarian law, so you cannot support and supply, or in any way assist it.”

Sadat said that by providing military assistance to Israel, India also risks being charged with breaching the Genocide Convention and may face a similar case to the one recently initiated against Germany. Genocide and ancillary crimes of genocide, such as complicity, are subject to universal jurisdiction.

In late March, Nicaragua instituted proceedings against Germany at the ICJ under, inter alia, the Genocide Convention, concerning “alleged breaches of certain international obligations in respect of the Occupied Palestinian Territory” arising from Germany’s support and military supplies for Israel.

“If you are a party to this convention, and India is a party to the Genocide Convention, you have international legal responsibility to prevent the commission of genocide,” Sadat said.

“Any breach of international legal obligations requires reparations, compensation.”

India would not be able to absolve itself, as it is not safeguarding any essential interests by breaching the law.

“There is no such situation before India,” Sadat said. “Not providing the arms to Israel does not make India unsafe in any way, so it has no plea of necessity.”

Advocate Chander Uday Singh, a Supreme Court lawyer who was also among the petitioners demanding that India immediately stop all exports of military material to Israel, warned that India is also acting against its own domestic law.

Article 51C of the Indian Constitution says that is the state’s duty to “foster respect for international law and treaty obligations.” This includes the Genocide Convention, of which provisions are directly binding for India also on the domestic level, as it has not framed its own.

“India was the signatory to the Genocide Convention in 1949 and then thereafter it has ratified the convention in 1959, so under international law we are completely bound by the Genocide Convention, meaning we are contracting party to it,” Singh said.

“The Genocide Convention also requires contracting parties to frame national laws and give effect to the convention within the country ... the fact that we have not framed the domestic law means that that the convention itself can be looked at, and the principles of the convention can be applied by Indian courts.”


Maritime security under threat from ‘emerging dangers,’ UN chief warns

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Maritime security under threat from ‘emerging dangers,’ UN chief warns

  • Houthi Red Sea campaign ‘increased tensions in an already volatile region’
  • Antonio Guterres calls for three-point plan to address challenges

NEW YORK CITY: UN Secretary-General Antonio Guterres warned of rising threats to global maritime transport at a high-level Security Council meeting on Tuesday.

It follows almost two years of turmoil in the Red Sea, a vital shipping lane connecting global trade via the Suez Canal.

Yemen’s Houthi militia launched a campaign in late 2023 to prevent Israel-linked shipping from transiting the Red Sea, claiming to act in solidarity with Palestinians in Gaza.

The US responded with Operation Prosperity Guardian, a military campaign to target Houthi launch sites and infrastructure.

The EU contributed with EUNAVFOR Aspides, while Israel later responded to Houthi attacks with extensive strikes on Sanaa, Yemen’s capital, and the Houthi-controlled port city of Hodeidah.

Tuesday’s Security Council meeting was chaired by Kyriakos Mitsotakis, the Greek prime minister.

Guterres told the meeting: “Without maritime security, there can be no global security.

“From time immemorial, maritime routes have bound the world together. They have long been the primary means for the trade and transport of not only people, goods and commodities, but also cultures and ideas.”

However, maritime spaces are “increasingly under strain” from traditional threats and “emerging dangers,” Guterres added.

He highlighted contested boundaries, the depletion of natural resources, conflict and crime as key issues affecting maritime security.

The first quarter of 2025 saw a “sharp upward reversal” in reported piracy and armed robbery at sea, Guterres said.

He highlighted the Houthi Red Sea campaign, warning it had “disrupted global trade and increased tensions in an already volatile region.”

Earlier this month, the US reached a ceasefire deal with the Houthis following mediation by Oman.

However, the militia and Israel continue to trade strikes.

Guterres called for three measures to improve global maritime security: Respect for international law; efforts to address the root causes of maritime insecurity; and partnerships involving “everyone with a stake in maritime spaces.”

The international legal framework for maritime security “is only as strong as states’ commitment” to its implementation, he said.

Globally, more must be done “to reduce the likelihood that desperate people will turn to crime and other activities that threaten maritime security,” he added.

Guterres said: “We must involve everyone with a stake in maritime spaces. From coastal communities to governments and regional groups. To shipping companies, flag registries, the fishing and extraction industries, insurers and port operators.

“Let’s take action to support and secure maritime spaces, and the communities and people counting on them.”


Indonesian gig drivers protest demanding lower app fees

Updated 44 min 28 sec ago
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Indonesian gig drivers protest demanding lower app fees

  • Motorbike and scooter drivers who form the backbone of Indonesia’s sprawling gig economy earn up to 150,000 rupiah ($10) a day

JAKARTA: Thousands of drivers from ride-hailing and food delivery apps protested in Indonesia on Tuesday, demanding a 10-percent cap on commission fees.

Hundreds of drivers gathered in the streets of the capital Jakarta, driving their motorbikes and waving flags.

Thousands more in Indonesia’s second-largest city of Surabaya drove to the offices of ride-hailing apps GoJek and Grab, before rallying in front of the governor’s office, an AFP journalist saw.

“Many of our friends got into accidents on the road, died on the road because they have to chase their income,” Raden Igun Wicaksono, chairman of the driver’s union Garda Indonesia, told AFP.

“It’s about lives, not about business calculation.”

Drivers are also demanding the end of discounted fare programs and calling on lawmakers to meet with the drivers’ association and app companies.

Motorbike and scooter drivers who form the backbone of Indonesia’s sprawling gig economy earn up to 150,000 rupiah ($10) a day, but costs including app commissions and fuel eat into their income.

Gojek — which alongside Singapore’s Grab is among Asia’s most valuable startups — said it was committed to “supporting the long-term welfare of our driver partners.” 

But lowering its 20-percent commission fee, which complied with regulations, was “not a viable solution,” according to Ade Mulya, head of public policy for Gojek’s parent company GoTo.


Pentagon chief orders review of US withdrawal from Afghanistan

Updated 52 min 59 sec ago
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Pentagon chief orders review of US withdrawal from Afghanistan

  • A special review panel will “thoroughly examine previous investigations,” Hegseth said in a memo
  • “This team will ensure ACCOUNTABILITY to the American people”

WASHINGTON: Defense Secretary Pete Hegseth on Tuesday ordered a Pentagon review of the chaotic 2021 US withdrawal from Afghanistan, which has long been a target of Republican criticism.

“I have concluded that we need to conduct a comprehensive review to ensure that accountability for this event is met and that the complete picture is provided to the American people,” Hegseth wrote in a memo.

A special review panel will “thoroughly examine previous investigations, to include but not limited to, findings of fact, sources, witnesses, and analyze the decision making that led to one of America’s darkest and deadliest international moments,” the memo said.

“This team will ensure ACCOUNTABILITY to the American people and the warfighters of our great Nation,” it added.

The US withdrawal saw Taliban fighters sweep aside Afghan forces, forcing the last American troops to mount an evacuation from Kabul’s airport that got more than 120,000 people out of the country in a matter of days.

On August 26, 2021, a suicide bomber targeted crowds of people on the perimeter of Kabul airport who were desperate to get on a flight out of the country, killing more than 170 people, among them 13 American troops.

Joe Biden, who was US president during the withdrawal, defended the decision to leave Afghanistan, which critics have said helped cause the catastrophic collapse of Afghan forces.

That paved the way for the Taliban to return to power two decades after their first government was toppled by American forces in the wake of the September 11 attacks.


Muslim Brotherhood ‘threat to national cohesion’: French report

Updated 20 May 2025
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Muslim Brotherhood ‘threat to national cohesion’: French report

  • The report pointed to the spread of Islamism “from the bottom up” and at the municipal level
  • It highlighted the “subversive nature of the project,” saying it aims “to gradually bring about changes to local or national rules“

PARIS: The Muslim Brotherhood movement is a “threat to national cohesion” in France and action must be taken to stop the spread of “political Islamism,” according to a report to be presented to President Emmanuel Macron on Wednesday.

“The reality of this threat, even if it is long-term and does not involve violent action, poses a risk of damage to the fabric of society and republican institutions... and, more broadly, to national cohesion,” said the report, a copy of which was obtained by AFP on Tuesday.

The report, prepared by two senior civil servants, is to be examined by the Defense Council on Wednesday.

France and Germany have the biggest Muslim populations among European Union countries.

The report pointed to the spread of Islamism “from the bottom up” and at the municipal level, adding the phenomenon constituted “a threat in the short to medium term.”

In France, the movement is “based on a solid structure, but political Islamism is spreading primarily at the local level,” the authors stressed.

“Resolute and long-term action on the ground seems necessary to stem the rise of political Islamism,” they said.

The report highlighted the “subversive nature of the project,” saying it aims “to gradually bring about changes to local or national rules,” particularly those concerning secularism and gender equality.

Such “municipal Islamism” risks affecting the public sphere and local politics, the report said, pointing to “the creation of increasingly numerous Islamist ecosystems.”

France’s tough-talking Interior Minister Bruno Retailleau expressed concern on Tuesday about “a low-level Islamism” whose “ultimate goal is to turn the entire French society to Sharia law.”

But the report authors said that “no recent document demonstrates the desire of Muslims in France to establish an Islamic state in France or to enforce Sharia law there.”

Muslims in France (Musulmans de France), formerly the Union of Islamic Organizations of France, is identified as “the national branch of the Muslim Brotherhood in France.”

“We are not dealing with aggressive separatism” but a “subtle (...) yet no less subversive aim for the institutions,” the authors said.

The report estimates that there are 139 places of worship affiliated with Muslims of France, with an additional 68 considered close to the federation.

This represents seven percent of the 2,800 Muslim places of worship listed in France, the report said.

The Islamist movement is losing its influence in the Arab world and “focusing its efforts on Europe,” it added.

A public awareness campaign must be combined with renewed efforts to promote a “secular discourse” as well as “strong and positive signals to the Muslim community” including the teaching of Arabic, the report said.


Ukraine launches probe into French-trained brigade

Updated 20 May 2025
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Ukraine launches probe into French-trained brigade

  • The 155th Mechanized Brigade was supposed to be a flagship fighting force for Ukraine’s army
  • A spokesperson for Ukraine’s land forces confirmed that a fresh investigation had been launched

KYIV: Ukraine’s military has launched another investigation into the scandal-hit “Anne of Kyiv” brigade, trained in France, after a media report alleged financial misconduct among commanders, a military spokesperson said Tuesday.

The 155th Mechanized Brigade was supposed to be a flagship fighting force for Ukraine’s army, announced by French President Emmanuel Macron as a symbol of cooperation between Kyiv and Paris.

But it has been plagued by scandals, including reports of equipment shortages, low morale and soldiers abandoning the unit while undergoing training in France.

A spokesperson for Ukraine’s land forces confirmed that a fresh investigation had been launched but declined to elaborate.

The Ukrainska Pravda media outlet recently alleged that brigade commander Col. Taras Maksimov had been possibly involved “in fictitious combat payments and extortion.”

It also said the brigade had seen over 1,200 cases of soldiers going absent without leave.

“After the publication of the article in the media, where new details and circumstances were revealed, an additional check was ordered to clarify all the facts set out in the article,” land forces commander Mykhailo Drapaty told AFP in a written statement.

He said a law enforcement investigation had started and that the land forces were taking “all necessary measures to facilitate the investigation and establish the truth.”

Macron announced the creation of the Anne of Kyiv brigade — named after a Medieval Kyiv princess who married into the French royal family — in June last year.

Paris hailed it as a “unique” initiative and Ukrainian President Volodymyr Zelensky said he wanted to form a dozen other NATO-trained and equipped units.

Ukraine’s military has been beset with corruption scandals — ranging from weapons procurement to the falsification of draft exemption certificates — since Russia invaded in February 2022.