Germany to fight claims at ICJ it is ‘facilitating’ Gaza genocide by arming Israel
THE HAGUE, Netherlands — Germany on Monday will challenge claims at the United Nations’ top court that it is “facilitating” acts of genocide in Gaza by providing arms and other military support to Israel. Nicaragua, which launched the case at the International Court of Justice, accuses Berlin of violating the Genocide Convention and international humanitarian law. While the case centers on Germany, it indirectly takes aim at Israel’s campaign in Gaza in response to the deadly October 7, 2023 attacks by Hamas. Israel, which isn’t a party in the proceedings, strongly denies that its actions amount to acts of genocide. Monday’s hearing at the court in The Hague will address questions raised by Germany over whether the court has jurisdiction in the case. The conflict has left tens of thousands of Palestinians dead and devastated the enclave. Despite a fragile ceasefire brokered by the United States last year, violence has continued. Since the ceasefire was announced, Israeli fire has killed more than 1,300 Palestinians in Gaza, according to figures supplied by the Hamas-run health ministry, that do not differentiate between civilians and combatants. Get The Times of Israel's Daily Edition by email and never miss our top stories Newsletter email address Get it By signing up, you agree to the terms The IDF says five Israeli soldiers have also been killed in the same period. Germany has been a staunch supporter of Israel for decades and is the second-largest supplier of arms to Israel after the United States. IDF troops operate on the eastern side of the Yellow Line in southern Gaza’s Khan Younis, in a handout photo issued on November 9, 2025. (Israel Defense Forces) Berlin denies Nicaragua’s allegations. The head of Germany’s legal team, Tania von Uslar-Gleichen, told judges during an earlier hearing that Nicaragua’s claims “have no basis in fact or law.” Advertisement Last year, Germany stopped authorizing any exports of military equipment to Israel that could be used in Gaza but later lifted those restrictions. In 2024, the court rejected an emergency request from Nicaragua to order Germany to halt military and other aid to Israel in Gaza, but the 16-judge panel declined to throw out the case altogether. The proceedings are the latest legal attempt to rein in Israel’s military campaign, after South Africa accused Israel of genocide at the same court in 2023. In January 2024, judges at the ICJ ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza. Two months later, the court told Israel to take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies. South Africa claims that Israel largely ignored those orders. The International Court of Justice (ICJ) holds a hearing on South Africa’s request that the court order Israel to halt its military operation in Gaza, May 24, 2024. (Nick Gammon/AFP) Both South Africa’s case against Israel and Nicaragua’s case against Germany allege violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The convention was drawn up in the wake of the Holocaust to codify a new crime: genocide. Advertisement A team of independent experts commissioned by the United Nations’ Human Rights Council and the largest professional organization of scholars studying genocide have both concluded that Israel is violating the treaty, but only an international court can make a legal determination. Israel has rejected the accusation of genocide as baseless and accused South Africa of acting as an emissary of Hamas. It says it makes every effort to avoid harming civilians and blames Hamas for their deaths because the terror group’s fighters operate out of densely populated areas. Proceedings at the ICJ can drag on for years. In 2007, the court ruled that Serbia “violated the obligation to prevent genocide” in the 1995 Srebrenica massacre, when Bosnian Serb forces rounded up and murdered some 8,000 mostly Muslim men and boys in eastern Bosnia. In May, the court set a November 2027 deadline for South Africa to file its written pleadings and gave Israel until May 2029 to reply. Hearings on the core question of the case — whether Israel committed genocide in Gaza — likely won’t be heard until late 2029 at the earliest. Judges at the International Court of Justice arrive to hear South African arguments over Israel’s Rafah offensive at The Hague, May 16, 2024. (Nick Gammon/AFP) In separate proceedings at the International Criminal Court, also in The Hague, which tries cases against individuals rather than between nations, judges have issued arrest warrants for Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant in connection with the conflict. The pair are charged with crimes against humanity, not genocide. The court said it found that there was reason to believe they 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. In response, the United States has issued sanctions against many senior court staff, including nine of the ICC’s 18 judges. 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Sign in to stop seeing this Most Popular 1 Report: Alerted to Hamas onslaught, Netanyahu took 2 hours to leave home, didn’t speak to IDF chief for 3 2 8 Muslim-majority nations pan proposals by Katz, Ben Gvir promoting Gaza emigration 3 Analysis German far-right AfD party’s projected win puts Jews between the left and a hard place 4 Adidas faces boycott calls over promotion featuring ex-IDF soldier who lost leg in 2021 5 1,370 doctors left Israel over past 3 years, research finds, the equivalent of a hospital 6 Huckabee accuses UK government of ‘Jew hate’ over claim Israel blocking medicine from Gaza 7 Macklemore calls for a ‘Free Palestine’ while opening for Ed Sheeran at New Jersey show 8 Israeli scientists develop huge sponge to mop up and ‘eat’ oil spills read more: Israel & the Region ICJ International Court of Justice 2023-2025 Israel-Hamas war Israel genocide case at ICJ Israel-Germany relations If you’d like to comment, join The Times of Israel Community. 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