Germany is challenging claims at the United Nations' top court that it is facilitating genocide in Gaza by supplying arms to Israel THE HAGUE, Netherlands -- Germany on Monday will challenge claims at the United Nations’ top court that it is “facilitating” acts of genocide in Gaza by providing arms and other military support to Israel. Nicaragua, which launched the case at the International Court of Justice, accuses Berlin of violating the Genocide Convention and international humanitarian law. While the case centers on Germany, it indirectly takes aim at Israel’s campaign in Gaza in response to the deadly Oct. 7, 2023 attacks by Hamas.
Israel, which isn’t a party in the proceedings, strongly denies that its actions amount to acts of genocide. Monday’s hearing at the court in The Hague will address questions raised by Germany over whether the court has jurisdiction in the case. The conflict left tens of thousands of Palestinians dead and devastated the enclave.
Despite a fragile ceasefire brokered by the United States last year, violence has continued. Since the ceasefire was announced, Israeli fire has killed more than 1,300 Palestinians in Gaza. Five Israeli soldiers have also been killed.
Germany has been a staunch supporter of Israel for decades and is the second-largest supplier of arms to Israel after the United States. Berlin denies Nicaragua's allegations. The head of Germany’s legal team, Tania von Uslar-Gleichen, told judges during an earlier hearing that Nicaragua’s claims “have no basis in fact or law.” Last year, Germany stopped authorizing any exports of military equipment to Israel that could be used in Gaza but later lifted those restrictions.
In 2024, the court rejected an emergency request from Nicaragua to order Germany to halt military and other aid to Israel in Gaza, but the 16-judge panel declined to throw out the case altogether. The proceedings are the latest legal attempt to rein in Israel’s military campaign by a country with historic ties to the Palestinian people, after South Africa accused Israel of genocide at the same court in 2023. In January 2024, judges at the ICJ ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza.
Two months later, the court told Israel to take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies. South Africa says that Israel largely ignored those orders. Both South Africa’s case against Israel and Nicaragua’s case against Germany allege violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
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