Gaza Genocide08 September, 20263 min read
Germany Tells ICJ To Throw Out Nicaragua’s Gaza Genocide Case Over Arms Exports
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Germany asks ICJ to dismiss Nicaragua's Gaza genocide case over arms exports. Nicaragua says German arms exports to Israel violate the Genocide Convention and humanitarian law.
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Germany seeks dismissal
Germany told the International Court of Justice in The Hague on Monday that Nicaragua’s genocide case over weapons sales to Israel was improperly filed and should be thrown out, with the Central American country accusing Berlin of violating the 1948 Genocide Convention and international humanitarian law by “facilitating” acts of genocide in Gaza.
“Germany told the United Nations’ top court on Monday that a genocide case over weapons sales to Israel was improperly filed by Nicaragua and should be thrown out.”
Julia Monar, Germany’s top lawyer, told the judges that “Nicaragua’s conduct indicates that it was not interested in hearing Germany’s view on its allegations, but simply in bringing Germany before this court,” as hearings on Germany’s preliminary objections took place in The Hague.
Nicaragua urged the ICJ to allow its case against Germany to continue, saying its arms exports to Israel violate the 1948 Genocide Convention and humanitarian law as they were used in the genocidal war on Gaza.
The dispute comes as public hearings on Germany’s preliminary objections were held in The Hague, and Germany argued that Nicaragua failed to properly notify Berlin and gave her country less than a month to reply before launching proceedings.
AP reported that the case centers on Germany but indirectly takes aim at Israel’s campaign in Gaza in response to the deadly Oct. 7, 2023, attacks by Hamas.
Nicaragua’s arguments
Nicaragua’s top lawyer, Carlos Jose Arguello Gomez, told the court that “it is impossible” Germany was not aware of the “serious risk that acts that could amount to genocide were being committed by Israel”. Germany said it carefully reviews exports of military equipment in accordance with international law and told the court that “Germany has not, since 2024, authorized an export of weapons of war, with final destination in Israel that can be used in the Gaza conflict,” according to AP. In a separate AFP report, Nicaragua’s ambassador to the Netherlands, Carlos José Argüello Gómez, said Nicaragua was invoking Germany’s responsibility for “multiple violations of international law,” referring in particular to the “odious” impact of the “genocide” and to international humanitarian law.
Euronews said Germany’s filings were presented as “preliminary objections to the jurisdiction of the Court and to the admissibility of certain claims,” and that the court could either throw out the case completely or rule against Berlin so it proceeds “on the merits.” AP said proceedings at the ICJ can take a long time to conclude, and it noted that in January 2024 judges ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza.
What’s at stake
The ICJ is expected to rule later this year on Germany’s objection to jurisdiction, and if the court rejects Germany’s bid, the case could take until 2030 before a judgement is delivered, according to Al Jazeera. AP said the proceedings are the latest legal attempt to rein in Israel’s military campaign by a country with historic ties to the Palestinian people after South Africa accused Israel of genocide at the same court in 2023. AP also reported that since the ceasefire was announced, Israeli fire has killed more than 1,300 Palestinians in Gaza, according to Gaza’s Health Ministry, and that five Israeli soldiers have also been killed.
“If the ICJ rejects Germany’s bid, it can take until 2030 before a judgement is delivered.”
In parallel, AP said the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant, charging them with crimes against humanity rather than genocide. The Times of Israel reported that the ICC court said there was reason to believe Netanyahu and Gallant used “starvation as a method of warfare” by restricting humanitarian aid and intentionally targeted civilians in Israel’s campaign against Hamas in Gaza, charges Israeli officials strongly deny.