Germany is back before the International Court of Justice (ICJ) at The Hague over its support for Israel, more than two years after Nicaragua accused Berlin of “facilitating” the Gaza genocide by supplying Israel with weapons. Filed in 2024, the case alleges Germany has breached the Genocide Convention and international humanitarian law. Germany, Israel’s biggest arms supplier after the US, denies the accusations and is seeking to stop the case from proceeding, challenging the admissibility of some of Nicaragua’s claims, as well as the court’s jurisdiction.
The ICJ, or World Court as it is widely known, which was set up to rule in disputes between nations, has become a key player in Israel’s genocide in Gaza, following the Hamas-led October 7, 2024 attacks. A case of genocide brought by South Africa against Israel is ongoing. The hearings in the Netherlands do not yet decide whether Germany, Europe’s largest economy, violated international law.
They will determine whether the case can move towards a fuller examination of the allegations. Nicaragua says Germany has violated its obligations under the 1948 Genocide Convention by providing Israel with military equipment, despite being aware of the risk that genocide could be committed in Gaza. It has also accused Germany of breaching international humanitarian law.
Germany has long been one of Israel’s strongest international supporters, despite widespread acknowledgement from human rights groups and top genocide scholars that Israel is committing genocide in the Palestinian territory. Carlos Jose Arguello Gomez, Nicaragua’s ambassador to the Netherlands, argued in 2024 that Germany had failed “to differentiate between self-defence and genocide”. Nicaragua initially sought emergency orders requiring Germany to halt military assistance to Israel and resume funding for UNRWA.
However, the ICJ rejected those provisional measures in April 2024, but refused to dismiss the broader case. In January 2024, the World Court ruled – as part of a separate case brought by South Africa – that there was “a real and imminent risk that irreparable prejudice” would be caused to the rights of Palestinians in Gaza under the Genocide Convention. Germany rejects Nicaragua’s allegations and has asked the court to throw out the case.
On Monday, Germany told the ICJ that Nicaragua had failed to follow the required steps before bringing the case, and that large parts of its complaint lie beyond the court’s jurisdiction under the Genocide Convention. Berlin has argued that its weapons exports undergo detailed legal scrutiny. During the 2024 hearings, German lawyer Christian Tams said 98 percent of exports to Israel since October 7, 2023, consisted of general military equipment such as helmets, vests and binoculars.
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