What Nicaragua’s case against Germany could mean at the ICJ

What Nicaragua’s case against Germany could mean at the ICJ

Nicaragua accuses Germany of violating the Genocide Convention and international humanitarian law by supplying Israel with military equipment during its war in Gaza. Germany rejects the allegations and is asking the International Court of Justice to dismiss the case.

The hearings at The Hague will not decide whether Germany violated international law. They will address Germany’s preliminary objections, including its arguments that the court lacks jurisdiction and that parts of Nicaragua’s complaint are inadmissible.

Nicaragua’s allegations and the court’s earlier decision

Nicaragua says Germany knew there was a risk of genocide in Gaza but continued providing military equipment to Israel. It also accuses Berlin of facilitating genocide by defunding the United Nations agency for Palestinian refugees, UNRWA.

The ICJ rejected Nicaragua’s requested provisional measures in April 2024. The court did not, however, throw out the wider proceedings, leaving the allegations open for further consideration if the case survives Germany’s objections. For additional context, see “Israel’s defence minister says Trump support is sought for Gaza plan”.

Key points

  • Nicaragua filed the case in March 2024 and initially sought orders to halt German military assistance to Israel and restore funding for UNRWA.
  • The ICJ rejected those emergency measures in April 2024 but did not dismiss the broader case.
  • Germany says its weapons exports undergo detailed legal scrutiny.
  • The court is holding four days of hearings on Germany’s objections.

How Germany is challenging the case

Germany told the judges that Nicaragua had not followed the required steps before filing its complaint. Berlin also argues that significant parts of Nicaragua’s claims fall outside the ICJ’s authority under the Genocide Convention.

Germany’s legal adviser, Julia Monar, asked the court to reject Nicaragua’s claims. During the 2024 hearings, German lawyer Christian Tams said 98 percent of exports to Israel since October 7, 2023, had consisted of general military equipment, including helmets, vests and binoculars.

What happens after the hearings

The judges must first decide whether Germany’s preliminary objections succeed. Decisions on jurisdictional objections take about six months on average, according to the factual material provided.

If Germany loses this stage, Nicaragua’s allegations would proceed toward examination on the merits, a process that can take years. There is no firm date for a final judgment in the case. A related part of this story is covered in “Israel’s Israel Katz says Gaza depopulation plan is only solution”.

What happens next

The ICJ will hear four days of arguments before deciding whether Germany’s challenge succeeds and whether Nicaragua’s case can move forward.

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