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

Indian PM Narendra Modi meets Israeli President Isaac Herzog during the UN Climate Change Conference in Dubai, Dec. 1, 2023. (Presidential Press Office)
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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.”


Asian countries mark 20 years since the world’s deadliest tsunami

Updated 26 December 2024
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Asian countries mark 20 years since the world’s deadliest tsunami

  • Indonesia launched its early tsunami warning system in the aftermath of the 2004 disasters
  • Its westernmost Aceh province was the hardest-hit, with some 170,000 people killed

JAKARTA: Herman Wiharta began that Sunday morning like many 11-year-olds would on a weekend: watching cartoon shows on TV.

But at around 8 a.m., he felt the powerful tremors from a 9.1-magnitude earthquake that struck off the coast of Indonesia’s Sumatra island, which then triggered the tsunami that inundated the coastline of more than a dozen countries and killed some 230,000 people.

Wiharta, now 31, recalled his brother calling out to him to leave their house in Banda Aceh minutes after the quake and how they had attempted to run to safety. He remembered hearing people scream about the rising sea water before he himself was swept away by a giant wave.

“I lost consciousness when the wave hit me and I woke up on a roof, confused. Thankfully, my brother and sister were also on that roof,” he told Arab News.

“We were able to see just how black the water was from that spot, how strong the currents were. The water was about 4 to 5 meters high; cars and motorbikes were floating, and I could see bodies being swept away by the currents, too. It was terrifying.”

The tsunami on Dec. 26, 2004 quickly escalated into a global disaster, with some 1.7 million displaced.

The brunt of the tsunami was felt in Indonesia, where almost 170,000 people perished. The country’s westernmost province of Aceh was the hardest-hit of all, while Sri Lanka, India and Thailand were among the worst-affected countries.

“It was impossible to sleep that night. We could still hear people screaming for help and the dogs were howling. Everything was just so eerie. The disasters happened so quickly, but they were deeply traumatizing,” Wiharta said.

“It was even worse the day after. We could see bloated human and animal corpses, and the smell was just terrible. I can still picture that scene in my mind to this day.”

Across Asia on Thursday, people attended ceremonies and memorials held to mark 20 years since the deadliest tsunami in recorded history.

Coastal communities were united in grief as they also commemorated how far they had come after two decades of rebuilding and regrouping.

In Sri Lanka, where more than 35,000 people were killed, survivors and relatives gathered in the coastal village of Peraliya to remember the 1,000 victims who died when waves derailed a passenger train.

In Thailand, where half of the death toll of 5,000 were foreign tourists, commemorations were held in Ban Nam Khem, the country’s worst-hit village. People laid flowers and wreaths at a wall curved in the shape of a tsunami, which also bears plaques with the names of the victims.

In India, where around 20,000 people perished, women led the rituals held at Pattinapakkam beach in Chennai, where they lit candles and offered flowers for the victims.

In Banda Aceh city, an official ceremony held at the Baiturrahman Grand Mosque began with a three-minute-long siren at the exact time the major earthquake caused giant waves. People also gathered for prayers at the city’s mass graves — Ulee Lheue and Siron — where thousands of unidentified and unclaimed tsunami victims are buried.

In the years since, infrastructure across Aceh has been rebuilt and is now stronger to withstand major disasters. Early warning systems have also been set up in areas closer to shores, to warn residents of a potential tsunami.

Indonesia’s early tsunami warning system was launched only in 2008 in the aftermath of the disasters, said Daryono, the head of the earthquake and tsunami center at Indonesia’s meteorology, climatology and geophysical agency.

“Before the 2004 Aceh earthquake and tsunami … there were too many people who did not understand the threat, or the danger and risks of a tsunami,” Daryono told Arab News.

“But what happened in 2004 became a starting point to raise awareness on earthquake and tsunami mitigation and also to develop high-tech monitoring for earthquakes and early tsunami warning systems.”

Yet Aceh resident Wiharta was concerned with the direction of development in the province, particularly on the beaches of Aceh Besar district where many new cafes have been popping up in recent years.

“It’s important not to cut down the trees for the sake of building these cafes. It’s better to plant more trees, especially mangroves, so that they can help defend against potential tsunamis,” he said.

“I think the early warning systems also need to be fixed or reset to make sure that they are properly working for early evacuations, since many are either broken or stolen.”


Record number of migrants lost at sea bound for Spain in 2024: NGO

Updated 26 December 2024
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Record number of migrants lost at sea bound for Spain in 2024: NGO

  • The vast majority of the fatalities — 9,757 — took place on the Atlantic migration route from Africa to Spain’s Canary Islands

MADRID: At least 10,457 migrants died or disappeared while trying to reach Spain by sea in 2024, an NGO said Thursday, more than 50 percent more than last year and the most since it began keeping a tally in 2007.
The 58-percent increase includes 1,538 children and 421 women, migrants rights group Caminando Fronteras or Walking Borders said in a report which covers the period from January 1 to December 5, 2024.
It amounts to an average of 30 deaths per day, up from around 18 in 2023.
The group compiles its data from hotlines set up for migrants on vessels in trouble to call for help, families of migrants who went missing and from official rescue statistics.
It blamed the use of flimsy boats and increasingly dangerous routes as well as the insufficient capacity of maritime rescue services for the surge in deaths.
“These figures are evidence of a profound failure of rescue and protection systems. More than 10,400 people dead or missing in a single year is an unacceptable tragedy,” the group’s founder, Helena Maleno, said in a statement.
The victims were from 28 nations, mostly in Africa, but also from Iraq and Pakistan.
The vast majority of the fatalities — 9,757 — took place on the Atlantic migration route from Africa to Spain’s Canary Islands, which has received a record number of migrants for the second year in a row.
Seven migrant boats landed in the archipelago on Wednesday, Christmas Day, Spain’s maritime rescue service said on social media site X.
At their closest point, the Canaries lie 100 kilometers (62 miles) off the coast of North Africa. The shortest route is between the coastal town of Tarfaya in southern Morocco and the island of Fuerteventura in the Canaries.
But the Atlantic route to the Canary Islands is particularly dangerous because of strong currents.
Along with Italy and Greece, Spain is one of the three major European gateways for migrant arrivals.
According to the interior ministry, 60,216 migrants entered Spain irregularly between January 1 and December 15 — a 14.5 percent increase over the same time last year.
The majority, over 70 percent, landed in the Canaries.


Pope Francis opens special ‘Holy Door’ for Catholic Jubilee at Rome prison

Updated 26 December 2024
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Pope Francis opens special ‘Holy Door’ for Catholic Jubilee at Rome prison

  • Francis opened the Catholic Holy Year, also known as a Jubilee, on Tuesday
  • A Catholic Jubilee is considered a time of peace, forgiveness and pardon

ROME: Pope Francis made a visit on Thursday to one of the largest prison complexes in Italy, opening a special “Holy Door” for the 2025 Catholic Holy Year, in what the Vatican said was the first such action by a Catholic pontiff.
Speaking to hundreds of inmates, guards and staff at the Rebibbia prison on the outskirts of Rome, Francis said he wanted to open the door, part of the prison chapel, and one of only five that will be open during the Holy Year, to show that “hope does not disappoint.”
“In bad moments, we can all think that everything is over,” said the pontiff. “Do not lose hope. This is the message I wanted to give you. Do not lose hope.”
Francis opened the Catholic Holy Year, also known as a Jubilee, on Tuesday. A Catholic Jubilee is considered a time of peace, forgiveness and pardon. This Jubilee, dedicated to the theme of hope, will run through Jan. 6, 2026.
Holy Years normally occur every 25 years, and usually involve the opening in Rome of four special “Holy Doors,” which symbolize the door of salvation for Catholics. The doors, located at the papal basilicas in Rome, are only open during Jubilee years.
The Vatican said the opening of the “Holy Door” at Rome’s Rebibbia prison was the first time such a door had been opened by a pope at a prison since the start of the Jubilee year tradition by Pope Boniface VIII in 1300.
Francis has shown special attention for the incarcerated over his 11-year papacy. He often visits prisons in Rome and on his foreign trips.


China urges Philippines to return to ‘peaceful development’

Updated 26 December 2024
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China urges Philippines to return to ‘peaceful development’

  • The US Typhon system, which can be equipped with cruise missiles capable of striking Chinese targets, was brought in for joint exercises earlier this year

BEIJING: China’s foreign ministry on Thursday urged the Philippines to return to “peaceful development,” saying Manila’s decision to deploy a US medium-range missile system in military exercises would only bring the risks of an arms race in the region.
The US Typhon system, which can be equipped with cruise missiles capable of striking Chinese targets, was brought in for joint exercises earlier this year.
On Tuesday, Philippine Defense Minister Gilberto Teodoro said the Typhon’s deployment for joint exercises was “legitimate, legal and beyond reproach.” Army chief Roy Galido said on Monday that the Philippines was also planning to acquire its own mid-range missile system.
Rivalry between China and the Philippines has grown in recent years over their competing claims in the South China Sea. Longtime treaty allies Manila and Washington have also deepened military ties, further ratcheting up tensions.
“By cooperating with the United States in the introduction of Typhon, the Philippine side has surrendered its own security and national defense to others and introduced the risk of geopolitical confrontation and an arms race in the region, posing a substantial threat to regional peace and security,” said Mao Ning, a spokesperson at China’s foreign ministry.
“We once again advise the Philippine side that the only correct choice for safeguarding its security is to adhere to strategic autonomy, good neighborliness and peaceful development,” Mao told reporters at a regular press conference.
China will never sit idly by if its security interests were threatened, she added.
The Philippine embassy in Beijing did not immediately respond to a Reuters request for comment.
China claims almost the entire South China Sea, which is also claimed by several Southeast Asian countries including the Philippines.


Russia says it foils Ukrainian plots to kill senior officers with disguised bombs

Updated 26 December 2024
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Russia says it foils Ukrainian plots to kill senior officers with disguised bombs

  • The FSB, the main successor to the Soviet-era KGB, said that the Russian citizens had been recruited by the Ukrainian intelligence services

MOSCOW: Russia’s Federal Security Service said on Thursday it had foiled several plots by Ukrainian intelligence services to kill high-ranking Russian officers and their families in Moscow using bombs disguised as power banks or document folders.
On Dec. 17, Ukraine’s SBU intelligence service killed Lt. Gen. Kirillov, chief of Russia’s Nuclear, Biological and Chemical Protection Troops, in Moscow outside his apartment building by detonating a bomb attached to an electric scooter.
An SBU source confirmed to Reuters that the Ukrainian intelligence agency had been behind the hit. Russia said the killing was a terrorist attack by Ukraine, with which it has been at war since February 2022, and vowed revenge.
“The Federal Security Service of the Russian Federation has prevented a series of assassination attempts on high-ranking military personnel of the Defense Ministry,” the FSB said.
“Four Russian citizens involved in the preparation of these attacks have been detained,” it said in a statement.
Ukraine’s SBU did not immediately respond to a Reuters request for comment.
The FSB, the main successor to the Soviet-era KGB, said that the Russian citizens had been recruited by the Ukrainian intelligence services.
One of the men retrieved a bomb disguised as a portable charger in Moscow that was to be attached with magnets to the car of one of the Defense Ministry’s top officials, the FSB said.
Another Russian man was tasked with reconnaissance of senior Russian defense officials, it said, with one plot involving the delivery of a bomb disguised as a document folder.
“An explosive device disguised as a portable charger (power bank), with magnets attached, had to be placed under the official car of one of the senior leaders of the Russian Defense Ministry,” it said.
The exact date of the planned attacks was unclear though one of the suspects said he had retrieved a bomb on Dec. 23, according to the FSB.
Russian state TV showed what it said was footage of some of the suspects who admitted to being recruited by Ukrainian intelligence for bombings against Russian defense ministry officials.
Moscow holds Ukraine responsible for a string of high-profile assassinations on its soil designed to weaken morale — and says the West is supporting a “terrorist regime” in Kyiv.
Ukraine, which says Russia’s war against it poses an existential threat to the Ukrainian state, has made clear it regards such targeted killings as a legitimate tool.
Darya Dugina, the 29-year-old daughter of a prominent Russian nationalist, was killed in August 2022 near Moscow. The New York Times reported that
US intelligence agencies
believe parts of the Ukrainian government authorized the killing.
US officials later admonished Ukrainian officials over the assassination, the Times said. Ukraine denied it killed Dugina.