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Germany will ask the top United Nations court to toss out a case brought against it by Nicaragua on Monday, which accuses Berlin of “facilitating genocide” with its support of Israel.
Lawyers for Germany will kick off four days of hearings at the International Court of Justice (ICJ), the court based in The Hague that rules on disputes between countries.
The case dates back to 2024, following the start of Israel’s offensive in Gaza. Nicaragua urged ICJ judges to impose emergency measures to force Berlin to halt all aid to Israel, in particular military equipment.
The court threw out Nicaragua’s request in April of that year, saying “the circumstances, as they now present themselves” did not justify emergency orders.
The case is nevertheless ongoing and Germany is now seeking to have it removed, either by persuading judges they do not have the power to rule in the case or that Nicaragua’s argument does not stack up.
Berlin has filed so-called “preliminary objections to the jurisdiction of the Court and to the admissibility of certain claims” presented by Nicaragua, according to an ICJ statement.
The detail of Berlin’s case has not yet been made public.
Genocide claim
After Germany presents its case on Monday, Nicaragua will respond before both countries get another chance to address the court on Wednesday and Thursday.
It takes on average six months for the court to hand down a ruling in such cases.
The court could either side with Germany and throw out the case completely or rule against Berlin, meaning the case would then be considered “on the merits” in more detail.
During hearings at the court in April 2024, Nicaragua said Germany was “pathetic” to provide aid to Gaza while also simultaneously furnishing Israel with weapons.
Nicaragua’s ambassador to the Netherlands, Carlos Jose Arguello Gomez, told the court: “Germany seems not to be able to differentiate between self-defence and genocide.”
Germany retorted that Nicaragua’s case was “grossly biased,” strongly denying the accusations that it was in breach of the 1948 UN Genocide Convention.
Israel launched its offensive in Gaza in response to the deadly 7 October 2023 attacks against it by Hamas-led militants.
Due to its Nazi past, Germany has placed Israel’s security “at the core” of its foreign policy, its representative told the court in the 2024 hearings.
Germany said its arms trade with Israel was subject to “detailed scrutiny…that far exceeds the requirements of international law.”
This procedure is separate from a high-profile case also before the ICJ, in which South Africa has accused Israel of perpetrating genocide in Gaza, which Israel denies.
The ICJ’s rulings are binding but it has no power to enforce them.
For example, it ordered Russia to stop its full-scale invasion of Ukraine, a demand that has been ignored by Moscow.
Additional sources • AFP