ICJ Deliberates Nicaragua's Accusation of German Complicity in Gaza Genocide

Nicaragua reiterated its accusation against Germany, saying the country has neglected its duty to prevent genocide amidst Israel's war on Gaza, as Alain Pellet, representing Nicaragua, challenged Germany's defense in front of the ICJ.

Anticipating Germany's probable defense, Pellet criticized it as a "Pontius Pilate-like" stance. He emphasized that Nicaragua doesn't accuse Germany of committing genocide but of failing to adhere to international obligations to prevent such atrocities.

"Far from doing so, Germany is going ahead with business as usual," Pellet remarked, stressing Germany's responsibility through its breaches of international obligations amidst the Israeli war on Gaza.

Pellet, a French international law professor, argued before the court that Germany's actions have facilitated grave violations of international law directed at Palestinians, justifying Nicaragua's application against Germany and its plea for provisional measures.

Next, legal expert Daniel Muller took the floor on behalf of the Nicaraguan delegation.

Muller highlighted Germany's suspension of funding to UNRWA, stating it has jeopardized vital support for Palestinians. He acknowledged Germany's past substantial contributions to UNRWA but pointed out the suspension of aid in October 2023, followed by a release of funds specifically for Gaza operations later.

Muller criticized German officials' acknowledgment of the humanitarian crisis in Gaza, emphasizing the continued export of German weaponry to Israel despite concerns about its use in violating international law.

“To put it simply, the highest German officials have recognized that the situation in Gaza raises doubts about the respect of elementary rules of international law and that these questions need to be addressed,” Muller said.

“Yet, while we speak, the export of German weapons and military equipment to Israel likely to be used to commit these grave violations of international law is continuing,” he added.

Ambassador Gomez of Nicaragua questioned Germany's immediate suspension of UNRWA funding based on Israel's accusations, arguing that Germany ignored broader allegations of violations by Israel.

He contended that, following the ICJ's ruling in January, Germany's continued military support to Israel amid potential genocide obligations is contradictory.

Continuing his opening remarks, Gomez said the Nicaraguan government and its people have a “special sympathy for the Palestinian people” due to its own struggle against military intervention.

“In the present case, Nicaragua is acting not only on its own behalf … but on behalf of the Palestinian people who are being subjected to one of the most destructive military actions in modern history,” said Gomez.

Nicaragua “has also been subject of military interventions and attacks for most of its existence”, he said.

Nicaragua’s Gomez told the court Germany violated the 1948 Genocide Convention by continuing to supply Israel with arms after the ICJ ruled it is plausible that Israel violated some rights guaranteed under the convention during its assault on Gaza.

“There can be no question that Germany … was well aware, and is well aware, of at least the serious risk of genocide being committed,” in the Gaza Strip, Gomez told the court.

Berlin is one of Israel’s key allies and the second biggest arms provider to Israel after the US, accounting for 30 percent of Israel’s arms imports, according to the Stockholm International Peace Research Institute.

Germany sent 327 million euros ($354m) in military equipment and weapons to Israel in 2023, according to economy ministry data.