The International Court of Justice (ICJ) begins two days of hearings to consider Nicaragua’s request that emergency measures be imposed on Germany over its support for Israel’s genocide in n Gaza.
Nicaragua asked the International Court of Justice on Monday to order Germany to halt military arms exports to Israel and to resume its funding of U.N. Palestinian refugee agency UNRWA, saying there is a serious risk of genocide in Gaza.
Nicaragua’s ambassador Carlos Jose Arguello Gomez told the court Berlin had violated the 1948 Genocide Convention by continuing to supply Israel with arms after ICJ judges ruled it was plausible that Israel violated some rights guaranteed under the genocide convention during its assault on Gaza.
“There can be no question that Germany (…)was well aware, and is well aware, of at least the serious risk of genocide being committed,” in the Gaza strip, Arguello Gomez said.
He told the judges that Berlin was ignoring its obligations under international law by continuing to provide military assistance to Israel.
“This has got to stop,” Arguello Gomez said.
Israel has denied allegations of genocide and said it has the right to defend itself.
The German government rejected Nicaragua’s allegations.
“Germany does not, and never did, violate the Genocide Convention nor international humanitarian law, neither directly nor indirectly,” Tania von Uslar-Gleichen, a legal advisor for the German Foreign Ministry told journalists at the ICJ.
Berlin will present its case in more detail in court on Tuesday.
Germany has been one of Israel’s staunchest allies since the Oct. 7 attacks by Hamas militants which killed 1,139 people, according to Israeli tallies.
Germany is Israel’s second-largest source of military aid, after the United States. Since the start of the conflict, Berlin has signed off on 300 million euros ($324 million) in weapons and equipment exports, according to pleadings by Nicaragua.
During two hours of hearings at the Hague-based court, lawyers for Nicaragua argued that all countries are bound by international humanitarian law, even if they aren’t directly participating in a conflict.
“States must not abet the situation by aiding or assisting the perpetrator, but they must use their best efforts to ensure respect for these fundamental norms and preventive breaches with respect to these obligations,” Argüello Gómez said in his opening remarks.
Unlike the case filed against Israel by South Africa, Nicaragua’s complaint goes beyond the 1948 Genocide Convention. It includes charges that Israel has violated the 1949 Geneva Conventions — which govern humanitarian behavior during war — as well as international humanitarian law more broadly.
More than 31,200 Palestinians have been killed in Gaza in military operations following the Oct. 7 attacks by Hamas.
Nicaragua focused on showing that Germany is aware of how dire the situation in Gaza has become and how much support the country is sending to Israel. Last month, German Foreign Minister Annalena Baerbock described the situation for the 2 million Palestinians in the Gaza Strip as “hell” following a visit to the region.
The complaint also argues that Germany’s defunding of the U.N. Palestinian refugee agency UNRWA violates international humanitarian law.
Nicaragua has begun the process of bringing a similar complaint against the United Kingdom, Canada and the Netherlands.
Reuters/Courts News
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