Nicaragua recently filed an official application to the International Court of Justice (ICJ), instituting proceedings against Germany. The application accuses Germany of being complicit in the genocide of Palestinians by Israel in the embattled Gaza Strip, which is a violation of the Geneva Conventions, amid the ongoing Israel-Hamas conflict. Nicaragua has applied for provisional measures in this case.
According to Nicaragua’s view, Germany “failed to fulfil its obligation” under the Geneva Conventions which mandated it to prevent “serious violations of peremptory norms of international law” in Gaza. The Nicaraguan application accuses Germany of not only failing to prevent genocide against the Palestinians, but also “contributing to the commission of genocide” by “rendering aid or assistance in maintaining the illegal situation of the continued military occupation of Palestine.”
The application outlined Germany’s alleged contributions to Israel’s actions against the Palestinian people in different ways. Germany reportedly provided “political, financial, and military support to Israel,” despite knowing the potential for these resources being used to commit serious breaches of international law. The application specifically cited the continued provision of military equipment, such as supplies to the front line and warehouses, technology, and ammunition, by Germany to Israel.
Further, the application pointed out Germany’s suspension of its support to the UN Relief and Works Agency (UNRWA), which assists Palestinian people. However, Germany is not alone in this step, as a number of other countries, including the US and Canada, also suspended their UNRWA funding following allegations of the agency staff’s links with Hamas, an organization considered terrorist by several nations.
Nevertheless, Nicaragua has called on the ICJ to declare that Germany has failed in its obligations under the Genocide Conventions and its related Convention on the Prevention and Punishment of the Crime of Genocide. The court has also been requested to order Germany to cease all aid and support to Israel.
Previously, the ICJ has addressed the alleged genocide in Gaza. On January 26, it had ordered Israel to “take all measures within its power” to prevent breaches of the Genocide Convention in Gaza. Subsequent to this, it urged Israel to implement measures aimed at preventing any further occurrence of Palestinian genocide in the Gaza Strip.