Nicaragua urges ICJ to keep German Gaza
Nicaragua has argued at the International Court of Justice that Germany's arms exports to Israel violate the Genocide Convention, urging judges to reject
Nicaragua has urged the International Court of Justice to reject Germany's bid to throw out a case alleging German complicity in genocide in Gaza. The Central American nation's lawyers argued on Tuesday that Germany's military exports to Israel breach the 1948 Genocide Convention and international law.
Germany told the court on Monday that the case was improperly filed and should be dismissed. The country's top lawyer, Julia Monar, argued that Nicaragua showed no interest in resolving the dispute before going to court. Lawyers for Nicaragua denied this, pointing to documents sent to the German foreign ministry.
The Core Legal Argument
Nicaragua filed this case two years ago, accusing Germany of facilitating genocide. Carlos Jose Arguello Gomez, Nicaragua's top lawyer, told the ICJ it was impossible Germany was unaware of the serious risk of genocidal acts being committed by Israel. The case contends that by supplying arms, Germany failed in its obligation under the Genocide Convention to prevent genocide.
Germany is the second-largest supplier of arms to Israel after the United States. Nicaragua claims German arms sales increased significantly after the war on Gaza began on October 7, 2023.
Figures on Arms Exports
Court documents cited by the source show a sharp rise in the value of German arms export licenses to Israel following the start of the conflict.
| Period | Value of Export Licenses |
|---|---|
| First three months of 2023 | $45 million |
| Last three months of 2023 | $378 million |
In April 2024, a German lawyer told the ICJ that 98 percent of arms exports to Israel since October 2023 were general equipment like vests, helmets, and binoculars.
Germany's Changing Stance
Germany suspended all military exports to Israel in August last year but resumed them a few months later. The source states Germany cited the stability of a ceasefire agreement between Israel and Hamas as a reason for resuming sales. Israel continued daily deadly attacks on Gaza immediately after that ceasefire.
Connection to South Africa's Case
Nicaragua's case builds on South Africa's separate genocide case against Israel. The ICJ issued an interim ruling in that case stating it was plausible Israel violated some rights under the Genocide Convention. Both Nicaragua and Germany are signatories to the convention, which includes an obligation to prevent genocide.
It is unusual for the ICJ to hear cases where neither party is directly involved in the underlying conflict. A ruling on Germany's objection to the court's jurisdiction is expected later this year. If the ICJ rejects Germany's bid and allows the case to proceed, a final judgement might not be delivered until 2030.
