UN’s Highest Court Set to Deliver Verdict on Germany’s ‘Genocide’ Allegations in Gaza

On Tuesday, the United Nations’ highest court is set to announce its decision regarding Nicaragua’s accusation that Germany is violating the 1948 Genocide Convention by providing arms to Israel during the Gaza conflict.

Nicaragua has taken Germany to the International Court of Justice (ICJ) in an effort to request emergency measures aimed at halting Berlin’s provision of weapons and other forms of assistance to Israel.

Since the start of Israel’s offensive on October 7, over 34,000 individuals have lost their lives in the Palestinian territory. The escalation began with a cross-border attack orchestrated by Hamas, resulting in approximately 1,170 Israeli fatalities. According to Hamas, the assault was a response to what they view as Israeli occupation of Palestine and ongoing aggression against the Palestinian people.

The ICJ in The Hague is scheduled to issue an order at 3:00 pm (1300 GMT).

Nicaragua targeted Germany rather than Israel’s main ally, the United States, because Washington did not recognise the ICJ’s jurisdiction in the case, Managua’s lawyers have said.

They say Israel is in breach of the 1948 Genocide Convention.

Arms to Israel

Top lawyers from the two countries clashed earlier this month at the court, with Nicaragua saying Germany was “pathetic” to be both providing weapons to Israel and aid to Gazans.

Berlin retorted that Israel’s security was at the “core” of its foreign policy and argued that Nicaragua had “grossly distorted” Germany’s supply of military aid to Israel.

“Germany only supplies arms based on a meticulous scrutiny that far exceeds the demands of international law,” said Tania von Uslar-Gleichen, a German representative to the ICJ.

Those supplies are “subject to a continuous evaluation of the situation on the ground”, she added.

“The moment we look closely, Nicaragua’s accusations fall apart,” Christian Tams, another representative for Germany, told the court.

Nicaragua requested five emergency measures, including that Germany “immediately suspend its aid to Israel, in particular its military assistance including military equipment”.

Gaza genocide claims

Cases relating to the Gaza war brought before the ICJ are closely followed.

In another procedure, South Africa has accused Israel – which like the US is not a member of the court – of perpetuating genocide in the Gaza Strip.

Israel “categorically” denies the South African accusations, which include responsibility for starvation.

In that case, the court called on Israel to do everything in its power to prevent genocide and recently ordered the country to “ensure urgent humanitarian assistance” in Gaza without delay.

Even though ICJ decisions are binding, the court has no mechanism to enforce them.

For example, it ordered Russia to cease its invasion of Ukraine, in vain.