8 April 2024
The International Court of Justice (ICJ) began hearings on Monday on Nicaragua’s case against Germany, accusing Berlin of facilitating “genocide” in Gaza by providing political and military support to Israel, reports Anadolu Agency.
Addressing the court, Nicaraguan Ambassador Carlos Jose Arguello Gomez said Germany is continuing its military support to Israel, although it is well aware that Israel’s violations may amount to an act of “genocide.”
“The case before us involves momentous events affecting the life and wellbeing of hundreds of thousands of people, and even the destruction of an entire people,” he said.
“Serious breaches of international humanitarian law, and other peremptory norms of international law, including genocide, are taking place in Palestine,” he stressed.
The ambassador underlined that Germany, as a party to the 1948 Genocide Convention, has to respect its obligations and stop sending weapons and military material to Israel.
“Nicaragua is requesting the court to order Germany to cease providing support to Israel in its campaign of destruction of the Palestinian people,” he said.
In his closing remarks, Gomez asked the court to take provisional measures with respect to Germany, and its participation in the ongoing possible genocide in Gaza.
“Germany must immediately suspend its aid to Israel, in particular its military assistance, the authorization of export of military equipment and war weapons,” he said.
“Germany must immediately ensure that military equipment or weapons and other equipment used for military purposes already delivered to Israel are not used to commit or to facilitate serious violations of the Genocide Convention,” he added.
Ambassador Gomez also asked Germany to comply wilt its obligations under international humanitarian law, and reverse its decision to suspend the funding of UNRWA, the UN aid organization for Palestine refugees.
The German government remains one of the strongest supporters of Israel’s military offensive in Gaza, despite growing public pressure. Chancellor Olaf Scholz has repeatedly said Germany bears special responsibility for Israel because of its Nazi history.
Berlin approved €326.5 million ($354 million) worth of weapons exports to Israel in 2023, the majority of which were approved after Oct. 7, 2023, a tenfold increase compared to 2022.
During the hearing at the ICJ, Nicaragua’s legal team pointed out that Germany has so far failed to fulfill its obligations to prevent genocide and war crimes in Gaza.
“Germany was aware and continues to be fully aware of the risks that the weapons that they are furnishing could be used by Israel in committing a genocide against the Palestinian people,” Prof. Alain Pellet said.
“It is extremely urgent that Germany finally suspend their aid and assistance that they are supplying to Israel. This aid and assistance are straight from the definition of ‘complicity’ set out in Article 3 of the convention,” he said, referring to the UN’s Genocide Convention.
Pellet also dismissed criticisms from German and Israeli officials who argued that it was “absurd” to accuse the Jewish state of committing genocide in Gaza.
“Nobody owns the trademark of genocide – no state, neither Israel, nor Germany, can be free of the fundamental rules of international law, under the pretext that they have a right to self-defense,” he stressed.
Israel has waged a military offensive on Gaza since an Oct. 7 cross-border attack led by Hamas in which nearly 1,200 Israelis were killed.
Nearly 33,200 Palestinians, mostly women and children, have since been killed in Gaza, and almost 75,000 injured besides mass destruction, displacement and shortages of necessities.
Israel has also imposed a crippling blockade on the Gaza Strip, leaving its population, particularly residents of northern Gaza, on the verge of starvation.
