[Answered] How can India balance its aspirations of becoming a major defence exporter with its obligations under international humanitarian law? Discuss the normative and legal aspects that need to be considered. (250 words)

India’s aspiration to become a major defense exporter presents complex challenges, particularly when it comes to balancing these ambitions with its obligations under international humanitarian law (IHL).

International Obligations and Arms Trade Regulation

• Customary International Law: Although India is not bound by the Arms Trade Treaty (ATT), some provisions of the treaty, such as Article 6(3), reflect customary international law. This article prohibits arms exports when the exporting state knows that the arms may be used to commit war crimes. Even without signing the ATT, India must ensure compliance with these customary norms to avoid legal and ethical pitfalls in its defense exports.
• Geneva Conventions: India is obligated under the Geneva Conventions to prevent the use of its defense exports in violations of IHL. This obligation is significant in situations where there is a clear risk of misuse, such as conflicts involving Israel in Gaza. Strengthening domestic laws to reflect these international obligations would align India’s defense export policies with the legal norms governing the arms trade.

Normative Considerations

• India’s Ethical Responsibility: India has long held the stance of being a responsible global actor, promoting peace and non-alignment. Exporting defense equipment to countries accused of war crimes, like Israel in the Gaza conflict, would potentially harm India’s ethical standing.
• Regional and Global Stability: India must ensure that its defense exports do not contribute to regional instability or exacerbate conflicts, particularly in geopolitically sensitive areas. Upholding norms of peace, stability, and responsible trade is essential for maintaining its position as a global leader in defense while preventing the misuse of arms in conflicts that violate IHL.

Legal Considerations

• Absence of Domestic Legal Provisions on IHL Compliance: Unlike the United Kingdom or the European Union, India’s domestic laws lack explicit provisions requiring the government to assess the IHL compliance of countries importing Indian defense equipment.
• Need for Legal Reforms: To avoid relying solely on international law, India should consider amending the Foreign Trade Act (FTA) of 1992 and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act (WMDA) of 2005 to explicitly include provisions for assessing the IHL compliance of countries importing Indian defense equipment.

Conclusion

A responsible approach to defence exports can contribute to global peace and security while safeguarding India’s reputation as a responsible international actor.