UN Special Rapporteur Raises Concerns Over India’s Defense Exports to Israel: Implications for International Law

UN Special Rapporteur Francesca Albanese recently highlighted concerns regarding India's defense exports to Israel, suggesting that continued military ties during the Gaza conflict could place India in violation of its international legal obligations. The allegation centers on the 'duty to prevent' genocide and the requirement for states to ensure their actions do not contribute to violations of International Humanitarian Law (IHL).

The core of the legal argument rests on the 1948 Genocide Convention and the Geneva Conventions. Under these frameworks, states are obligated to prevent prohibited acts and must ensure that their assistance—including the export of military components—does not facilitate war crimes. If a state provides military hardware to a party involved in a conflict where there is a 'plausible risk' of genocide (as noted by the International Court of Justice in recent deliberations), the providing state could be scrutinized for failing its preventive duties. This brings into focus the principles of customary international law regarding state responsibility for internationally wrongful acts.

India has traditionally maintained a nuanced 'de-hyphenated' approach to the Israel-Palestine issue, advocating for a two-state solution while significantly expanding its strategic and defense partnership with Israel. Israel is one of India's top defense suppliers, and the relationship has evolved into co-development and co-production under the 'Make in India' initiative. However, the current conflict in Gaza presents a diplomatic and legal challenge. India’s position as a leader of the Global South and its commitment to a rules-based international order are being tested against its strategic defense requirements.

While India is not a signatory to the Arms Trade Treaty (ATT), it is bound by the Genocide Convention and the Geneva Conventions. The allegations by the UN expert underscore the growing international pressure on states to conduct rigorous human rights risk assessments before authorizing arms transfers to conflict zones.