Nicaragua urges ICJ to reject Germany’s bid to throw out Gaza genocide case
Nicaragua told the International Court of Justice (ICJ) on Tuesday that its case accusing Germany of violating the 1948 Genocide Convention should proceed, arguing German arms exports to Israel were used in the campaign in Gaza and therefore facilitated genocide. Germany has asked the court to dismiss the suit as improperly filed, saying Nicaragua did not try to resolve the dispute before bringing it to The Hague.
Why It Matters
The dispute raises central questions about states' responsibilities under the Genocide Convention and whether supplying arms or military equipment can amount to facilitating genocide; a ruling on Germany's jurisdictional objection is expected later this year and could affect scrutiny of arms exports and international legal precedent.
Key Facts
- Case filed: Nicaragua filed its case against Germany two years ago.
- Allegation: Nicaragua says German arms exports to Israel violated the 1948 Genocide Convention and humanitarian law.
- Hearings: Public hearings on Germany's preliminary objections were held in The Hague on Tuesday.
- Germany's position: Germany told the court the case was improperly filed and should be dismissed.
- Germany's arms relationship: Germany is the second-largest supplier of arms to Israel after the United States.
Nicaragua asked the International Court of Justice to let its lawsuit against Germany move forward, arguing that Berlin’s exports of weapons and military equipment to Israel were used in the Gaza conflict and therefore breached obligations under the 1948 Genocide Convention. The plea came during public hearings in The Hague over preliminary objections Germany has raised to the court’s jurisdiction.
Germany told judges the lawsuit should be thrown out as improperly filed, saying Nicaragua failed to seek a diplomatic resolution before lodging the case. Germany’s lead counsel, Julia Monar, told the court she believed Nicaragua was not interested in engaging with Germany’s position and instead aimed to bring Germany before the ICJ. Nicaraguan lawyers rejected that account, pointing to correspondence sent to the German foreign ministry and public statements they say demonstrate attempts to resolve the dispute.
Nicaragua’s lead attorney, Carlos Jose Arguello Gomez, told the court it was inconceivable that Germany could have been unaware of a serious risk that actions amounting to genocide were taking place in Gaza. Court documents cited by Nicaragua say German export licences to Israel rose sharply after the war began on October 7, 2023: $378m in the final three months of 2023 versus $45m in the first quarter. Germany temporarily suspended military exports in August last year but resumed shipments months later, citing the stability of a ceasefire between Israel and Hamas. A German lawyer told the ICJ in April 2024 that about 98% of exports since October 2023 were for general equipment such as vests, helmets and binoculars.
Nicaragua’s case builds on a separate genocide suit that South Africa brought against Israel; in an interim ruling the ICJ found it was plausible Israel violated some rights under the Genocide Convention. Both Nicaragua and Germany are parties to the Genocide Convention, which requires states to act to prevent possible genocide. It is uncommon for the court to hear disputes in which neither litigant is directly involved in the underlying conflict.
The ICJ is expected to rule on Germany’s objection to jurisdiction later this year. If the court rejects Germany’s bid to dismiss the case, the process could continue for several years — with a final judgment potentially not delivered until 2030.
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