Key facts
- Nicaragua is presenting its oral arguments at the International Court of Justice.
- Germany has requested the dismissal of the case, citing admissibility and jurisdiction issues.
- The case accuses Germany of complicity in genocide due to its military support for Israel.
- Nicaragua alleges Germany violated the Genocide Convention by supplying weapons to Israel.
- Germany is Israel's second-largest arms supplier after the United States.
Nicaragua has commenced its oral presentation at the International Court of Justice (ICJ) in response to Germany's arguments to dismiss a case accusing Berlin of complicity in genocide. Germany, Israel's second-largest arms supplier after the United States, contends that Nicaragua has failed to establish a legal dispute and that parts of the case fall outside the court's jurisdiction.
During four days of hearings, Germany's legal adviser, Julia Monar, stated that Nicaragua's actions indicated a lack of interest in Germany's perspective before bringing the case to court. Nicaragua accuses Germany of violating the 1948 Genocide Convention and international humanitarian law by supplying weapons and military assistance to Israel, despite awareness of the potential for their use in serious violations in Gaza. Nicaragua also alleges that Germany has failed to prevent genocide and contributed to the humanitarian crisis by suspending funding to the UN agency for Palestinian refugees, UNRWA.
ICJ expert Mike Becker noted that the case could be significant in clarifying international law regarding the duty to prevent genocide and ensure compliance with humanitarian law. He suggested that the ICJ might decide that some or all of Nicaragua's claims are not admissible, with any claims that proceed to the merits phase being decided later. Germany is expected to argue that Israel is an indispensable third party, and the court cannot rule on Germany's responsibility without first determining Israel's conduct, invoking the ICJ's Monetary Gold principle.