Berlin challenges case alleging its military support for Israel violated international law
Germany has asked the International Court of Justice to dismiss Nicaragua’s case alleging that Berlin violated the Genocide Convention and international humanitarian law by providing arms and other military support to Israel, The Associated Press reported.
Germany told the United Nations’ top court on Monday that Nicaragua improperly brought the proceedings without adequately notifying the German government or giving it sufficient opportunity to respond to the allegations.
Nicaragua alleges Germany facilitated acts of genocide in Gaza through its military support for Israel. According to The Associated Press, the proceedings indirectly concern Israel’s military campaign in Gaza following the October 7, 2023, attacks by Hamas.
Israel is not a party to Nicaragua’s case and strongly denies that its actions amount to genocide.
“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,” Julia Monar, Germany’s top lawyer, told the judges.
Monar argued that Nicaragua failed to notify Germany properly and gave the country less than a month to respond before commencing proceedings. Countries are typically expected to attempt to resolve disputes before bringing them to the ICJ.
Antonios Tzanakopoulos, another lawyer representing Germany, said that Nicaragua’s formal notification was sent from a Yahoo email address to a general inbox rather than through appropriate diplomatic channels.
Monar emphasized that Germany carefully reviews exports of military equipment under international law. She said Germany has not, since 2024, authorized exports of weapons of war with Israel as the final destination that could be used in the Gaza conflict.
The ICJ previously considered Nicaragua’s request for emergency measures in the case. In 2024, the 16-judge panel rejected Nicaragua’s request for an order requiring Germany to halt military and other aid to Israel in Gaza but declined to dismiss the proceedings altogether.
Nicaragua’s case is one of several international legal proceedings arising from the conflict. South Africa brought a separate case against Israel at the ICJ in 2023, alleging violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
In January 2024, the ICJ ordered Israel to do all it could to prevent death, destruction and acts of genocide in Gaza. Two months later, the court directed Israel to take measures to improve the humanitarian situation, including opening additional land crossings for food, water, fuel and other supplies. South Africa says Israel largely ignored those orders.
Independent experts commissioned by the United Nations’ Human Rights Council and the largest professional organization of scholars studying genocide have concluded that Israel is violating the treaty. However, only an international court can make a legal determination.
