False


Download Learnerz IAS app from the Play Store now! Download

$show=search/label/May%202022

 


Defence exports and humanitarian law UPSC NOTE

SHARE:

  Legal and Ethical Implications of India's Defence Exports to Israel The Supreme Court of India dismissed a petition to stop defence ex...

 Legal and Ethical Implications of India's Defence Exports to Israel

  • The Supreme Court of India dismissed a petition to stop defence exports to Israel, citing foreign policy as outside its jurisdiction.

  • The ethical concern arises from allegations that Israel is committing war crimes in Gaza, raising questions about India's role as a defence exporter.

  • Countries, like the Netherlands and the UK, have restricted defence exports to Israel based on compliance with international humanitarian law (IHL), indicating a growing concern over ethical military trade

Legal Gap

  • Indian law lacks a framework equivalent to the UK's Export Control Act or EU regulations, which assess IHL compliance before military exports.

  • Current Indian laws, like the Foreign Trade Act and the Weapons of Mass Destruction Act, do allow for considering international obligations 

    • but do not mandate a review of a recipient country's IHL compliance.

  • This gap means India can export defence goods without assessing whether they might be used to commit violations of IHL

What International Law Says

  • The Arms Trade Treaty (ATT) prohibits countries from exporting arms if they know those arms would be used for war crimes. 

  • However, India is not a signatory, making the treaty non-binding

  • Common Article 1 of the Geneva Conventions obligates India to ensure respect for IHL, meaning India should not supply weapons to nations likely to violate these laws.

  • While Indian laws imply a duty not to export to violators, there is no explicit legal requirement to assess IHL compliance in practice.

Way Forward

  • To enhance accountability and align with international standards, India should amend its existing laws (WMDA and FTA) to include explicit assessments of IHL compliance before approving defence exports.

  • Establishing a clear legal framework would strengthen India’s position as a responsible defence-exporting nation and ensure adherence to international humanitarian principles.

  • Such reforms could also help prevent complicity in potential war crimes and enhance India’s global standing in defense diplomacy.


COMMENTS

Name

Amritsar,1,April 2024,301,Art & Culture,12,August 2023,251,August 2024,400,Courses,7,Daily Current Affairs,51,December 2023,189,December 2024,227,Disaster Management,2,Environment and Ecology,342,February 2024,228,Foundation Course,1,Free Class,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,323,Govt Schemes,2,GS 2,1,GS1,56,GS2,490,GS3,306,GS4,2,GST,1,History,12,Home,3,IAS Booklist,1,Important News,71,Indian Economy,326,Indian History,27,Indian Polity,351,International Organisation,12,International Relations,273,Invasive Plant,1,January 2024,240,July 2023,281,July 2024,375,June 2022,6,June 2023,268,June 2024,324,March 2024,238,May 2022,17,May 2024,330,Mentorship,2,November 2023,169,November 2024,341,Novermber 2024,2,October 2023,203,October 2024,369,Places in News,2,SC,1,Science & Technology,335,Science and Technology,121,September 2023,205,September 2024,336,UPSC CSE,115,UPSC Tips,4,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Defence exports and humanitarian law UPSC NOTE
Defence exports and humanitarian law UPSC NOTE
https://lh7-rt.googleusercontent.com/slidesz/AGV_vUcMvPwMPPaUeBD1ln2yemmsjC5uxY4YVDENZeDLI0U490Hr-iY9N_s_1W7pJaq3KEdo-uOEXLpqn81hL-LPez5pPpV5G1edvT0o88f3q-r6YN3kvtFWqsxTy11HGRV_uPvS3MyQZ_1CyweGSf3TSPzfwWmMaHFRvBjB8FU7QQ_3pw=s2048?key=ER7mokm0DwFHl7GK2mxlLg
https://lh7-rt.googleusercontent.com/slidesz/AGV_vUcMvPwMPPaUeBD1ln2yemmsjC5uxY4YVDENZeDLI0U490Hr-iY9N_s_1W7pJaq3KEdo-uOEXLpqn81hL-LPez5pPpV5G1edvT0o88f3q-r6YN3kvtFWqsxTy11HGRV_uPvS3MyQZ_1CyweGSf3TSPzfwWmMaHFRvBjB8FU7QQ_3pw=s72-c?key=ER7mokm0DwFHl7GK2mxlLg
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2024/09/defence-exports-and-humanitarian-law.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2024/09/defence-exports-and-humanitarian-law.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content