The International Court of Justice (ICJ) decided on Tuesday not to institute preliminary actions against Germany related to its support for Israel amidst the ongoing conflicts in Gaza. This case was instigated by Nicaragua, which accuses Germany of contravening its responsibilities under the Genocide Convention as well as other international law instruments, stemming from Germany’s armament shipments to Israel.
As detailed in court filings, Nicaragua asserts that in 2023, Germany sanctioned over €326 million in military exports, with approximately €300 million authorized after the onset of the Gaza conflict. Nicaragua alleges that Germany knowingly provided political, financial, and military support to Israel despite knowledge that the military equipment would be deployed in significant violations of international law.
A point of contention was also Germany’s abrupt cessation of funding for the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), thereby potentially jeopardizing humanitarian aid to Gaza’s citizens. This UN agency has been embroiled in controversy following argued allegations implicating some of its personnel in the October 7 terror attack in Israel.
Germany counters this by asserting its adherence to the obligations outlined in the Genocide Convention and other international humanitarian law instruments. It defends its actions, stating it has striven to use its influence over Israel to better the humanitarian situation in Gaza and has offered aid to the Palestinian civilians residing there.
The measures Nicaragua requested from the court included:
- Immediate suspension of aid to Israel by Germany;
- An obligation for Germany to employ all means at its disposal to ensure that the weaponry it had dispatched to Gaza is not deployed in the perpetration of genocide or other breaches of international law;
- Germany’s commitment to do everything feasible to fulfill its obligations under humanitarian law; and
- Reinstating Germany’s financial support to the UNRWA.
In a 15 to 1 ruling, the ICJ declared the circumstances did not necessitate provisional measures. They reasoned that Germany scrutinizes each license for military equipment to rule out potential misuse in genocide, human rights abuses, or other breaches of international humanitarian law. The court noted that Germany had pruned its aid in the past months and that the existing military support primarily comprised of “other military equipment” rather than direct “war weapons”. The court also concluded that it is a voluntary decision to support UNRWA.
In an ongoing case presented by South Africa against Israel, the court has prescribed provisional measures. South Africa accuses Israel of committing genocide in its sustained conflict with Hamas in the Gaza Strip.