The International Court of Justice (ICJ) on Monday, April 8, 2024, heard Nicaragua’s demand for the imposition of emergency measures to stop Berlin from providing Israel with weapons and other assistance.
Germany is facing charges for allegedly “facilitating the commission of genocide” against Palestinians in Gaza in coordination with its military and political ally, Israel.
In a 43-page submission to the court, Nicaragua argued that Germany is in breach of the 1948 UN Genocide Convention.
“By sending military equipment and now defunding UNRWA [UN agency for Palestinian refugees] … Germany is facilitating the commission of genocide,” the submission emphasized.
In his opening statement, Carlos Jose Francisco Arguello Gomez, Nicaraguan Ambassador to The Netherlands and the lead of Nicaragua’s delegation said, “serious breaches of international humanitarian law…including genocide, are taking place in Palestine,” adding that they are “being committed openly.”
In such a situation, he said, that other states must avoid taking steps “assisting the perpetrator.”
According to Gomez, “Germany has violated this obligation imposed on all states.”
He added that Germany has not been able “to differentiate between self-defence and genocide” in the case of Gaza.
Gomez asserted that Germany “cannot but be aware” that the munitions, the military equipment, and the war weapons it is supplying to Israel are supporting its attacks in Gaza, even if such equipment is not immediately being used for that purpose.
“It does not matter if an artillery shell is delivered straight from Germany to an Israeli tank shelling a hospital or university, or whether that artillery shell goes to replenish Israel’s stockpile for use at some later date. It doesn’t matter whether the planes used in combat to drop one-tonne bombs [on Gaza’s population] were made entirely in Germany, or just their spare parts and maintenance were supplied.
“The fact is that the assurance of supplies and replacement of armaments is crucial to Israel’s pursuit of the attacks in Gaza.”
Carlos Jose Francisco Arguello Gomez
Daniel Mueller, a lawyer for Nicaragua, also told the court that it is “a pathetic excuse to the Palestinian children, women and men to provide humanitarian aid, including through airdrops, on the one hand and to furnish the military equipment that is used to kill and annihilate them… on the other hand.”
Pellet, a French lawyer who teaches international law at Paris Nanterre University, spoke to the court on behalf of Nicaragua.
Anticipating Germany’s defence that it is not itself committing acts of genocide or directly engaged in the Gaza war, Pellet iterated that Nicaragua is not accusing Germany of committing genocide, but rather of failing to abide by its own obligations under international law to prevent genocide and serious violations of international and humanitarian law.
Gomez, in concluding remarks, read out Nicaragua’s request for the ICJ to order provisional measures such as Germany must immediately suspend its aid to Israel, in particular its military assistance and it must immediately ensure that military equipment or weapons or other equipment used for military purposes already delivered by Germany and German entities to Israel are not used to commit or to facilitate serious violations of the Genocide Convention or international humanitarian law.
He added that Germany must resume its support and financing of UNRWA.
Hearing To Resume On Tuesday
The court will reconvene tomorrow morning, April 9, 2024, to hear the German delegation’s defence.
Speaking to reporters after the ICJ hearing in The Hague, German legal representative, Tania von Uslar-Gleichen refuted Nicaragua’s claim.
“Nicaragua’s presentation was grossly biased and we will be telling you tomorrow how we fully live up to our responsibilities,” she said.
The ICJ’s rulings are binding but the court lacks an enforcement mechanism.
For example, it has ordered Russia to stop its invasion of Ukraine, to no avail.
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