India’s arms sales to Israel: Bad legally, worse ethically—Part 2

Part 2 of a four-part deep-dive into the recent case before the Supreme Court of India calling for a halt to arms sale to Israel as it commits genocide against the Palestinians.

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Read Part 1 here.

THE recent decision of the Supreme Court of India refusing to call a halt to Indian arms sales is evidence that the court was not apprised of developments in the area of business and human rights both in India and internationally. To fully understand the issues a few paragraphs from the Supreme Court Order bear quoting in their entirety.

Excerpts from the Supreme Court Order

8.

"The second aspect of the matter which requires to be noticed is that the petition seeks a cancellation of the existing licences and prohibition on the issuance of new licences for the export of arms and military equipment by Indian companies. Some of these licenses may be governed by contracts with international entities, including within the State of Israel.

"The grant of injunctive relief by this court would necessarily implicate a judicial direction for breach of international contracts and agreements. The fallout of such breaches cannot be appropriately assessed by this court and would lay open Indian companies which have firm commitments to proceedings for damages which may affect their own financial viability."