Nicaragua urges ICJ to continue case against Germany regarding Gaza arms exports

Nicaragua has requested that the International Court of Justice (ICJ) allow its case against Germany to proceed, asserting that German arms exports to Israel violate the 1948 Genocide Convention and humanitarian law, as these arms were allegedly used in the conflict in Gaza. This appeal was made on Tuesday during public hearings on preliminary objections raised by Germany in The Hague. Germany contends that the case was improperly filed and should be dismissed. Julia Monar, Germany’s lead attorney, stated that Nicaragua's actions suggest a lack of interest in Germany's perspective on the allegations, focusing instead on bringing Germany before the court. Typically, countries are expected to seek resolution of disputes before escalating to court proceedings. Nicaragua's legal team refuted this claim, citing documents sent to the German foreign ministry and press releases regarding the dispute. Nicaragua filed the case against Germany two years ago, accusing it of facilitating genocide in Gaza. Germany is noted to be the second-largest supplier of arms to Israel, following the United States. Carlos Jose Arguello Gomez, Nicaragua’s chief lawyer, argued that it is implausible that Germany was unaware of the potential for genocide being committed by Israel. Germany halted all military exports to Israel in August 2023 but resumed them a few months later, citing the stability of the ceasefire between Israel and Hamas, despite ongoing attacks on Gaza. Nicaragua reported a significant increase in German arms sales following the onset of the Gaza conflict on October 7, 2023, with export licenses amounting to $378 million issued in the last three months of 2023, compared to $45 million in the first three months. A German lawyer informed the ICJ in April 2024 that 98 percent of arms exports to Israel since October 2023 consisted of general equipment such as vests, helmets, and binoculars. Nicaragua's case is linked to South Africa’s ongoing genocide case against Israel, in which the ICJ indicated it was plausible that Israel violated certain rights under the Genocide Convention. Both Nicaragua and Germany are signatories to the Genocide Convention, which obligates states to act to prevent potential genocide. However, it is uncommon for the court to hear cases where neither party is directly involved in the conflict at issue. A ruling on Germany's objection to jurisdiction is anticipated later this year, with a potential judgment from the ICJ not expected until 2030 if Germany's bid is rejected.