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

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

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.”


Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing
Updated 9 sec ago
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Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing

Landslides in Indonesia’s Sumatra kill at least 27, rescuers search for missing
  • Torrential rain in the province since last week had caused flash floods and landslides in four different districts
  • Extreme weather is expected in Indonesia toward the end of 2024, as the La Nina phenomenon increases rainfalls across the tropical archipelago
JAKARTA: Indonesian rescuers are searching for passengers trapped in a minibus buried in mud after flash floods and landslides hit several locations in North Sumatra province, killing at least 27, an official said on Thursday.
Torrential rain in the province since last week had caused flash floods and landslides in four different districts, Indonesia’s disaster agency has said.
A landslide in a village in Deli Serdang on Wednesday killed seven and injured 20, Hadi Wahyudi, North Sumatra police spokesperson told Reuters.
Rescuers were looking for missing people, including those trapped in a minibus and other vehicles on a hilly interprovince road hit by a mudslide, he said, adding he could not give an estimate for the number of affected people.
In other places, rescuers have found 20 dead during a search that started over the weekend. They are still searching for two missing.
“Today, we’re focusing our search to find missing people and clearing the roads affected by the landslides,” said Hadi, adding excavators were deployed.
The landslides and flash floods damaged houses, mosques, and rice fields.
Heavy rains also triggered floods in the provincial capital of Medan, forcing a delay in votes for a regional election in some polling stations.
Extreme weather is expected in Indonesia toward the end of 2024, as the La Nina phenomenon increases rainfalls across the tropical archipelago, the country’s weather agency has warned.

The Australian Senate debates the world’s first social media ban for children under 16

The Australian Senate debates the world’s first social media ban for children under 16
Updated 38 min 24 sec ago
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The Australian Senate debates the world’s first social media ban for children under 16

The Australian Senate debates the world’s first social media ban for children under 16
  • The bill that would make social media platforms liable for fines of up to $33 million for systemic failures to prevent young children from holding accounts

MELBOURNE: The Australian Senate was debating a ban on children younger than 16 years old from social media Thursday after the House of Representatives overwhelmingly supported the age restriction.
The bill that would make platforms including TikTok, Facebook, Snapchat, Reddit, X and Instagram liable for fines of up to 50 million Australian dollars ($33 million) for systemic failures to prevent young children from holding accounts.
It is likely to be passed by the Senate on Thursday, the Parliament’s final session for the year and potentially the last before elections, which are due within months.
The major parties’ support for the ban all but guarantees the legislation will become law. But many child welfare and mental health advocates are concerned about unintended consequences.
Unaligned Sen. Jacqui Lambie complained about the limited amount of time the government gave the Senate to debate the age restriction, which she described as “undercooked.”
“I thought this was a good idea. A lot of people out there thought it was a good idea until we looked at the detail and, let’s be honest, there’s no detail,” Lambie told the Senate.
Opposition Sen. Maria Kovacic said the bill was not radical but necessary.
“The core focus of this legislation is simple: It demands that social media companies take reasonable steps to identify and remove underage users from their platforms,” Kovacic told the Senate.
“This is a responsibility these companies should have been fulfilling long ago, but for too long they have shirked these responsibilities in favor of profit,” she added.
Sen. David Shoebridge, from the minor Greens party, said mental health experts agreed that the ban could dangerously isolate many children who used social media to find support.
“This policy will hurt vulnerable young people the most, especially in regional communities and especially the LGBTQI community, by cutting them off,” Shoebridge told the Senate.
The House of Representatives on Wednesday overwhelmingly carried the bill 102 votes to 13.
Communications Minister Michelle Rowland urged senators to pass the bill which she said reflected the Australian community’s view.
“The ... government is on the side of supporting parents and protecting young people,” Rowland told the House.
Once the legislation becomes law, the platforms would have one year to work out how they could implement the ban before penalties are enforced.
The platforms complained that the law would be unworkable, and urged the Senate to delay the vote until at least June next year when a government-commissioned evaluation of age assurance technologies made its report on how young children could be excluded.
Critics argue the government is attempting to convince parents it is protecting their children ahead of general elections due by May. The government hopes that voters will reward it for responding to parents’ concerns about their children’s addiction to social media. Some argue the legislation could cause more harm than it prevents.
Criticisms include that the legislation was rushed through Parliament without adequate scrutiny, is ineffective, poses privacy risks for all users, and undermines parental authority to make decisions for their children.
Opponents of the bill also argue the ban would isolate children, deprive them of the positive aspects of social media, drive them to the dark web, discourage children too young for social media to report harm and reduce incentives for platforms to improve online safety.


Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports
Updated 54 min 26 sec ago
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Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports

Explosions heard in Ukraine’s Odesa, Kropyvnytskyi – media reports
  • Odesa regional governor Oleh Kiper urged residents to stay in shelter in a message on the Telegram app

Explosions were heard in the Ukrainian Black Sea port city of Odesa and the city of Kropyvnytskyi in central Ukraine on Thursday morning amid reports of a Russian cruise missile attack, Ukrainian news outlet Zerkalo Tyzhnya and other local media reported.
Odesa regional governor Oleh Kiper urged residents to stay in shelter in a message on the Telegram app.


Norway, World Wide Fund for Nature square off in court over deep sea mining

Norway, World Wide Fund for Nature square off in court over deep sea mining
Updated 28 November 2024
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Norway, World Wide Fund for Nature square off in court over deep sea mining

Norway, World Wide Fund for Nature square off in court over deep sea mining
  • Norway could become one of the first countries to authorize seabed mining, arguing the importance of not relying on China for minerals essential for renewable technology
  • WWF-Norway is also calling on the Norwegian government to stop giving public support to mining companies for the exploration phase and to allocate these funds to independent research institutions

OSLO: The World Wide Fund for Nature’s (WWF) Norwegian chapter will have its day in court Thursday, after it sued Norway for opening up its seabed to mining before performing sufficient impact studies.
Already Western Europe’s largest oil and gas producer, Norway could become one of the first countries to authorize seabed mining, arguing the importance of not relying on China for minerals essential for renewable technology.
While deep-sea mining is contentious due to its potential impact on vulnerable marine ecosystems, Norway’s parliament in January formally gave its green light to open up parts of its seabed to exploration.
“We believe the government is violating Norwegian law by now opening up for a new and potentially destructive industry without adequately assessing the consequences,” Karoline Andaur, CEO of WWF-Norway, said in a statement.
Norway “must halt the rushed process, must actively support a national and global moratorium — a temporary ban on seabed mining until there is sufficient knowledge,” Andaur said in an online meeting earlier in November.
With their lawsuit, WWF-Norway is also calling on the Norwegian government to stop giving public support to mining companies for the exploration phase and to allocate these funds to independent research institutions.
That would help “to close the many knowledge gaps about marine life,” Andaur said.
The trial will run until December 5.

On April 12, Norway’s Ministry of Energy announced that it was opening up an area of the Norwegian Sea and Greenland Sea to exploration, with the aim of awarding the first licenses in the first half of 2025.
Within the area, which is the size of the United Kingdom, it has designated locations covering 38 percent of the area suitable for exploration for a first licensing round.
“Before any exploitation can begin, it has to be shown that the proposed exploitation can take place in a sustainable and responsible manner,” Astrid Bergmal, state secretary at the energy ministry, told AFP in an email.
The first projects will also have to be approved by parliament, Bergmal added.
“The first phase will consist of mapping and exploration, which has little environmental impact,” she said.
But critics see this stage as a first step toward exploitation.
According to several NGOs, opening up the seabed poses an additional threat to an ecosystem that is little-known and has already been weakened by global warming.
Possible dangers include the destruction of marine habitats and organisms, noise and light pollution, as well as the risk of chemical leaks from machines and species being displaced.
Norwegian authorities meanwhile stress that by allowing the prospecting they want to fill in the gaps in knowledge.
In early 2023, the Norwegian Offshore Directorate published a report concluding that “substantial resources are in place on the seabed” including minerals such as copper, zinc and cobalt.
 


Thousands left queuing to vote in Namibia after scheduled polls close

Thousands left queuing to vote in Namibia after scheduled polls close
Updated 28 November 2024
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Thousands left queuing to vote in Namibia after scheduled polls close

Thousands left queuing to vote in Namibia after scheduled polls close
  • The vote could usher in the desert nation’s first woman leader even as her party, the ruling SWAPO, faces the strongest challenge yet to its 34-year grip on power
  • SWAPO’s candidate and current vice president, Netumbo Nandi-Ndaitwah, is being challenged by IPC leader Panduleni Itula, a former dentist and lawyer

WHINDHOEK: Logistical issues on Wednesday left thousands of Namibians waiting in queues to vote in pivotal presidential and legislative elections, some for up to 12 hours, with polling stations staying open hours later than planned.
The vote could usher in the desert nation’s first woman leader even as her party, the ruling South West Africa People’s Organization (SWAPO) faces the strongest challenge yet to its 34-year grip on power.
Some voters told AFP they queued all day, blaming technical problems that included issues with voter identification tablets and insufficient ballot papers.
“It’s absolutely disappointing,” said Reagan Cooper, a 43-year-old farmer among the hundred or so voters outside the town hall polling station in the capital Windhoek.
“The voters have turned out, but the electoral commission has failed us,” Cooper told AFP.
In the face of criticism from all the political parties, including SWAPO, the Electoral Commission of Namibia extended voting hours for “no specified time,” according to Windhoek region ECN head Rakondjerua Kavari.
Voting was halted for an hour at the Windhoek town hall site due to a lack of ballots, with applause welcoming the delivery of more waking sleepy, seated voters around 11:30 pm.
The last voter there cast his ballot more than four hours after the scheduled closing time — 9:00 p.m. (1900 GMT) — and vote counting then began almost immediately.
According to Namibia’s electoral law, those in queues before polls are scheduled to close should be allowed to vote.
Petrus Shaama, chief officer of the ECN, said it was obligated to ensure voters could cast a ballot.
But the main opposition party, the Independent Patriots for Change (IPC), blamed the ECN for the long lines and cried foul play.
“We have reason to believe that the ECN is deliberately suppressing voters and deliberately trying to frustrate voters from casting their vote,” said Christine Aochamus of the IPC.
Armed with folding chairs and umbrellas to cope with the slow-moving lines and blazing sun, many Namibians spent half the day waiting to vote.
At one polling station inside the University of Science and Technology in Windhoek, hundreds of people were still in line at 9:00 p.m. despite some having arrived at 6:00 am, an hour before polls opened.
Polling site managers told AFP that problems with tablets used to check voters’ identities using fingerprints included untimely updates, overheating and dead batteries.

SWAPO’s candidate and current vice president, Netumbo Nandi-Ndaitwah, was one of the first to vote and called on Namibians “to come out in their numbers.”
An estimated 1.5 million people in the sparsely populated nation were registered to vote.
SWAPO has governed since leading mineral-rich Namibia to independence from South Africa in 1990 but complaints about unemployment and enduring inequalities could force Nandi-Ndaitwah into an unprecedented second round.
IPC leader Panduleni Itula, a former dentist and lawyer, said Wednesday he was optimistic he could “unseat the revolutionary movement.”
Itula, 67, took 29 percent of votes in the 2019 elections, losing to SWAPO leader Hage Geingob with 56 percent. It was a remarkable performance considering Geingob, who died in February, had won almost 87 percent five years before that.
Namibia is a major uranium and diamond exporter but not many of its nearly three million people have benefitted from that wealth.
“There’s a lot of mining activity that goes on in the country, but it doesn’t really translate into improved infrastructure, job opportunities,” said independent political analyst Marisa Lourenco, based in Johannesburg.
“That’s where a lot of the frustration is coming from, (especially) the youth,” she said.
Unemployment among 15- to 34-year-olds is estimated at 46 percent, according to the latest figures from 2018, almost triple the national average.
First-time voter and environmental health student Sophia Varela, 24, told AFP she was “hoping for change” and “jobs for the youth.”

For the first time in Namibia’s recent history, analysts say a second voting round is a somewhat realistic option.
That would take place within 60 days of the announcement of the first round of results due by Saturday.
“The outcome will be tight,” said self-employed Hendry Amupanda, 32, who queued since 9:00 p.m. the night before to cast his ballot.
“I want the country to get better and people to get jobs,” said Amupanda, wearing slippers and equipped with a chair, blanket and snacks.
Marvyn Pescha, a self-employed consultant, said his father was part of SWAPO’s liberation struggle and he was not going to abandon the party.
“But I want SWAPO to be challenged for better policies. Some opportunistic leaders have tarnished the reputation of the party, they misuse it for self-enrichment,” the 50-year-old said.
While lauded for leading Namibia to independence, SWAPO is nervous about its standing after other liberation-era movements in the region have lost favor with young voters.
In the past six months, South Africa’s African National Congress lost its parliamentary majority and the Botswana Democratic Party was ousted after almost six decades in power.