Germany asks ICJ to dismiss Nicaragua’s genocide case over Israel arms

Germany has asked the International Court of Justice (ICJ) to dismiss a case brought by Nicaragua accusing Berlin of facilitating genocide in Gaza through military support for Israel.

During hearings in The Hague, Germany argued that Nicaragua had failed to establish the existence of a legal dispute before filing the proceedings in March 2024 and that parts of the case fall outside the court’s jurisdiction.

“Nicaragua’s conduct indicates that it was not interested in hearing Germany’s view on its allegations, but simply in bringing Germany before this court,” Julia Monar, legal adviser at Germany’s Foreign Ministry, told judges.

Germany is Israel’s second-largest arms supplier after the United States. Nicaragua alleges that Berlin violated the 1948 Genocide Convention and international humanitarian law by continuing to supply weapons and other military assistance to Israel despite being aware of the risk that such support could contribute to serious violations in Gaza.

Nicaragua has also accused Germany of failing to prevent genocide and of contributing to the humanitarian crisis by suspending funding to the United Nations Relief and Works Agency for Palestine Refugees (UNRWA).

Berlin has further argued that Nicaragua did not properly notify Germany of its allegations or provide sufficient time for a response before bringing the case before the court.

The hearings are focused on Germany’s preliminary objections concerning the ICJ’s jurisdiction and the admissibility of Nicaragua’s claims, rather than determining whether Germany has violated international law.

Germany is also expected to argue that Israel is an indispensable third party to the proceedings. Berlin maintains that the court cannot determine whether Germany aided genocide or breached international humanitarian law without first establishing the legality of Israel’s own conduct.

Israel is not a party to the case and has not consented to the ICJ determining its responsibility.