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.”


German parliament passes controversial antisemitism text

Updated 7 sec ago
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German parliament passes controversial antisemitism text

BERLIN: The German parliament on Thursday overwhelmingly backed a resolution aimed at tackling a spike in anti-Semitism linked to the war in Gaza.
However, critics of the resolution — including voices from the Jewish community — say it could restrict artistic and academic freedom.
The text calls for a ban on public funding for any group “that spreads anti-Semitism, calls into question Israel’s right to exist or calls for a boycott of Israel.”
In cases of anti-Semitic acts in schools and universities, it calls for those responsible to be excluded from classes or even expelled.
The resolution was proposed and supported by MPs from the center-left Social Democrats (SPD), the conservative CDU-CSU, the Greens and the liberal Free Democrats (FDP).
About 100 Jewish artists and intellectuals living in Germany said in a statement that the resolution would “weaken, rather than strengthen, the diversity of Jewish life in Germany by associating all Jews with the actions of the Israeli government.”
The general secretary of Amnesty International’s Germany chapter, Julia Duchrow, said that while Amnesty “explicitly welcomes the goal of adopting measures to fight anti-Semitism... the resolution adopted today not only fails to achieve this, it could lead to serious violations of basic human rights and legal uncertainty.”
“This resolution leaves space for abuse, criminalizes legitimate criticism of Israeli government policy and serves the racist narrative of ‘imported anti-Semitism’,” she said.
In an open letter in October 2023, Amnesty and 103 other civil society organizations had warned against conflating anti-Semitism and criticism of the policies of the Israeli government.
“Branding legitimate criticism of Israel’s human right record as anti-Semitic also undermines the fight against genuine anti-Semitism,” they pointed out.
While also mentioning anti-Semitism from the far right and far left, the German parliament’s resolution says that “in recent months the alarming extent of anti-Semitism based on immigration from North Africa and the Middle East has become clear.”
This accusation against immigrants from North Africa and the Middle East — who could be Christian, Jewish or Muslim and might either support or oppose the policies of the Israeli government — was criticized by some in the Greens.
But it was backed by the far-right Alternative for Germany (AfD), whose MPs also voted for the text.
AfD lawmaker Juergen Braun called “mass immigration... the central problem endangering Jewish life in Germany.”
The far-left Sahra Wagenknecht Alliance (BSW) was the only party to vote against the resolution, with the other far-left Die Linke party abstaining.

Arab American US election successes marred by claims of Islamophobia and anti-Arab bias

Updated 22 min 49 sec ago
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Arab American US election successes marred by claims of Islamophobia and anti-Arab bias

  • Several Arab Americans candidates were reelected despite growing concerns about anti-Arab sentiment amid ongoing wars in Gaza, Lebanon and Iran
  • Syrian American candidate for Illinois House of Representatives says she was targeted by anonymous Islamophobic and anti-Arab attacks during campaign

CHICAGO: Alongside Donald Trump’s victory over Kamala Harris in the US presidential election on Tuesday, and amid ongoing tensions in Gaza, Lebanon and Iran, several Arab American incumbents won reelection to their offices at state and congressional levels, some of them unchallenged.

Four Arab American members of Congress will return to the Capitol to represent their districts in California, Illinois, Minnesota and Michigan, while five were reelected to State House seats in Illinois, Michigan, Colorado and Iowa.

In some places, however, there were allegations of Islamophobia and anti-Arab sentiment as opponents sought to capitalize on voter concerns about terrorism and foreign conflicts.

Suzanne Akhras, a Syrian American Democrat who lost to Republican incumbent Nicole La Ha in the race to represent the 82nd District in the Illinois House of Representatives, said she was targeted by anonymous text messages and phone calls falsely linking her to Islamic terrorism, including claims of ties to Hamas.

“These calls and texts tried to portray me as a danger to the community I love,” she said in a campaign video message to voters in September. “I have lived in Burr Ridge for nearly 20 years. I have been a PTA parent. I have spent my life advocating for vulnerable people and being of service. I founded a very successful non-profit organization.

"I am a proud American. I cherish our shared values of freedom; freedom to express our diverse faiths and freedom to celebrate the diversity of our backgrounds and cultures. Those freedoms I hold dear are under attack in our district. These attacks against me are based on racism, Islamophobia and are xenophobic.”

Akhras, who said she has been recognized as an “upstander” by the Illinois Holocaust Museum for confronting hate speech and crime, said the “disturbing calls and text messages” began shortly after she began campaigning door-to-door. She criticized the Republican Party in the state for failing to denounce the attacks, and accused La Ha of running an “abhorrent and dangerous, xenophobic” smear campaign.

Akhras, who wears a hijab and whose husband, Dr. Zaher Sahloul, helps provide humanitarian medical services to refugees and displaced people in conflict zones, including Gaza, also said that despite winning the Democratic primary in March, she received no support from the Illinois Democratic Party.

Elsewhere, Darrell Issa, who is of Syrian-Lebanese heritage, was reelected to Congress as the representative for California’s 48th district, defeating Democrat Stephen Houlahan with 60.2 percent of the vote.

In Minnesota, Democrat Ilhan Omar, who is of Somali descent, was reelected as the member of the House of Representatives for the 5th District with 75 percent of the vote, easily defeating her Republican rival, Arab American Dalia Al-Aqidi.

Democrat Rashida Tlaib, who is Palestinian American , defeated Republican James Hopper with 69.7 percent of the vote in Michigan’s 12th Congressional District. Republican Darin LaHood, who is of Lebanese heritage, ran unopposed in Illinois’ 16th District.

Two Arab American members of Congress, Democrat Anna Eshoo from California and Republican Garret Graves from Louisiana, did not seek reelection.

At the state level, Democrat Nabeela Syed, who is of Indian heritage, secured a second term in the State House as the representative for the 51st District with 55 percent of the vote, ahead of Republican rival Tosi Ufodike.

In Michigan’s 3rd District, Democrat Alabas Farhat defeated Republican Richard Zeile with 67.9 percent of the vote. Democrat Iman Jodeh was reelected in Colorado’s 41st District, gaining 61 percent of the vote against Republican Robert McKenna.

Palestinian American Abdelnasser Rashid and Syrian American Sami Scheetz, both Democrats, retained their seats without a challenge in Illinois’ 21st District and Iowa’s 78th District respectively.


US military judge reinstates 9/11 mastermind plea deal — official

Updated 07 November 2024
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US military judge reinstates 9/11 mastermind plea deal — official

  • Prosecution can appeal decision but it was not immediately clear if they would do so
  • Agreements triggered anger among some relatives of victims of the 2001 attacks

WASHINGTON: A US military judge has reinstated plea agreements for 9/11 mastermind Khalid Sheikh Mohammed and two other defendants, an official said Thursday, three months after the deals were scrapped by Defense Secretary Lloyd Austin.
The agreements — which are understood to take the death penalty off the table — had triggered anger among some relatives of victims of the 2001 attacks, and Austin said that both they and the American public deserved to see the defendants stand trial.
“I can confirm that the military judge has ruled that the pretrial agreements for the three accused are valid and enforceable,” the US official told AFP on condition of anonymity.
The prosecution has the opportunity to appeal the decision, but it was not immediately clear if they would do so.
The plea deals with Mohammed and two alleged accomplices were announced in late July in a step that appeared to have moved their long-running cases toward resolution after years of being bogged down in pre-trial maneuverings while the defendants remained held at the Guantanamo Bay military base in Cuba.
But Austin withdrew the agreements two days after they were announced, saying the decision should rest with him given its significance.
He subsequently told journalists that “the families of the victims, our service members and the American public deserve the opportunity to see military commission trials carried out in this case.”
Much of the legal jousting surrounding the men’s cases has focused on whether they could be tried fairly after having undergone methodical torture at the hands of the CIA in the years after 9/11 — a thorny issue that the plea agreements would have avoided.


US military ready to carry out lawful orders of next administration, Pentagon chief says

Updated 07 November 2024
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US military ready to carry out lawful orders of next administration, Pentagon chief says

  • “The US military will also continue to stand apart from the political arena;,” Austin wrote

WASHINGTON: US Défense Secretary Lloyd Austin told troops that the Pentagon was committed to an orderly transition to the incoming administration of Donald Trump, adding that the military would not get involved in politics and was ready to carry out “all lawful orders.”
“The US military will also continue to stand apart from the political arena; to stand guard over our republic with principle and professionalism; and to stand together with the valued allies and partners who deepen our security,” Austin wrote in a memo to troops that was sent out on Wednesday night.


Germany arrests a US citizen over accusations of spying for China

Updated 07 November 2024
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Germany arrests a US citizen over accusations of spying for China

  • The suspect, who was only identified as Martin D., was arrested in Frankfurt
  • His home was being searched

BERLIN: Germany’s federal prosecutor office said it arrested an American citizen on Thursday who allegedly spied for China.
The office said that the suspect, who was only identified as Martin D., was arrested in Frankfurt and that his home was being searched.
The accused, who until recently worked for the US Armed Forces in Germany, is strongly suspected of having agreed to act as an intelligence agent for a foreign secret service.
Earlier this year, he contacted Chinese government agencies and offered to transmit sensitive information from the US military to a Chinese intelligence service, according to an investigation by Germany’s domestic intelligence service.
He had obtained the information in question in the course of his work in the US army, the prosecutor’s statement said, without giving any further information.