SC Says No To Stopping Military Aid To Israel Amid Gaza Conflict

Due to the Ongoing Conflict with Gaza, the Supreme Court denied a petition on Monday asking for an Immediate Suspension of Military Aid to Israel. The Court reasoned that it is not within its purview to direct the Government on matters of material exportation to any Country; this is the Exclusive Purview of Foreign Policy.

The Chief Justice of India, D.Y. Chandrachud, presided over a Three-Judge Panel that declared during the hearing that "Russia and Ukraine are at War." Can we order that Russia stop supplying Oil to India just because there is a Complaint claiming that Russia is breaking a Convention? Such a mandate is not appropriate because it concerns a Country's Energy Demands, which are solely a problem for Foreign Policy.

The Court listed further scenarios that might occur about the type and degree of Commercial Ties with Bangladesh or the Maldives, Countries that have lately asked Indian Defence Personnel to Depart. "If Courts take over the role of the Government, there is a risk that they will Grant Injunctive relief without fully understanding the breach of international obligations because courts will not be able to access the consequences of the breach."

The government can always apply limits under the International Trade Act and the Customs Act, as there is a valid reason why Judges are not allowed to become involved in International Affairs.

In a recent ruling from January 2024, the International Court of Justice (ICJ) imposed temporary sanctions on Israel for its failure to abide by its duties under the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip. One of these temporary steps is the Immediate Military Cessation of all Attacks on the Palestinian people, including Murders and Destruction.

Author: 
Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal Judgments.