‘Israel’s genocide’: What to know about Nicaragua’s case against Germany at ICJ

Nicaragua has appealed to the International Court of Justice, the principal judicial organ of the United Nations, requesting the cessation of German military assistance and other forms of support to Israel. Nicaragua contends that this aid from Germany contributes to the perpetration of genocide and violations of international humanitarian law amid the conflict between Israel and Hamas in Gaza.

In the opening statements at the International Court of Justice, Nicaragua’s representative in the Netherlands, Ambassador Carlos José Argüello Gómez, addressed the panel of 16 judges, asserting that Germany is not upholding its duty to prevent genocide and to guarantee adherence to international humanitarian law.

Nicaragua’s legal challenge, while directed at Germany, implicitly criticizes Israel’s actions in Gaza subsequent to the lethal attacks on October 7, where militants associated with Hamas invaded southern Israel, resulting in approximately 1,200 fatalities. The Health Ministry of Gaza reports over 33,000 Palestinian deaths; however, the statistics do not distinguish between civilian and militant casualties, noting a predominance of women and children among the deceased.

Earlier, the United Nations’ principal human rights organization urged nations to cease arms sales and deliveries to Israel, a motion that was met with resistance from both the United States and Germany.

In addition, a collective of British legal professionals, inclusive of three former Supreme Court justices, have petitioned their government to halt military equipment sales to Israel following an incident where Israeli forces mistakenly killed seven humanitarian workers, including three British nationals, from the organization World Central Kitchen.

Case summary

Nicaragua’s Ambassador Gomez has outlined the following key points in Nicaragua’s case against Germany:

•  Germany has been aware of Israel’s serious violations of international law in Gaza since around October 9 or 10.
•  Since the ICJ ruling on January 26, Germany has known that Israel’s actions could constitute genocide.
•  Despite this knowledge, Germany has failed to uphold its obligation to intervene and has continued providing aid to Israel.
•  As a signatory to the Genocide Convention, Germany must cease its support to Israel and adhere to its international commitments.

In his concluding remarks, Ambassador Gomez presented Nicaragua’s request for provisional measures from the ICJ:

•  Germany must immediately suspend all aid to Israel, particularly military assistance.
•  Germany must ensure that any military equipment or weaponry it has supplied to Israel is not used for purposes violating the Genocide Convention or international humanitarian law.
•  Germany must resume its support and financing of UNRWA (United Nations Relief and Works Agency for Palestine Refugees).

When will ICJ rule on provisional measures?

Similar to previous cases, such as South Africa’s genocide case against Israel, the ICJ is likely to take years to issue a final ruling on Nicaragua’s case against Germany.

However, a preliminary decision on the provisional measures requested by Nicaragua is anticipated within weeks.