Germany is challenging claims at the United Nations' top court, the International Court of Justice (ICJ), that it is aiding genocide in Gaza by supplying arms to Israel. Nicaragua, which initiated the case, accuses Germany of violating the Genocide Convention and international humanitarian law. The case centers on Germany but indirectly relates to Israel’s military campaign in Gaza, which began in response to the deadly October 7, 2023 attacks by the Palestinian group Hamas. Israel is not a party to the case but strongly denies that its actions constitute genocide. A hearing at the court in The Hague will examine Germany’s questions about whether the court has the authority to rule on the matter. The conflict has resulted in tens of thousands of Palestinian deaths and widespread destruction in Gaza. Although a fragile ceasefire was brokered by the United States last year, violence has continued, with more than 1,300 Palestinians killed in Gaza since the ceasefire was announced. Five Israeli soldiers have also been killed.
Germany is Israel’s second-largest arms supplier and has long been a strong supporter of Israel. Berlin denies Nicaragua’s allegations. Tania von Uslar-Gleichen, head of Germany’s legal team, told judges during an earlier hearing that Nicaragua’s claims "have no basis in fact or law." In 2023, Germany briefly stopped authorizing military exports to Israel that could be used in Gaza but later lifted those restrictions. In 2024, the court rejected an emergency request from Nicaragua to halt military aid to Israel, but it did not dismiss the case entirely. This legal challenge is the latest attempt to hold Israel accountable for its military actions, following South Africa’s accusation against Israel of genocide at the same court in 2023.
In January 2024, the ICJ ordered Israel to take all necessary measures to prevent death, destruction, and acts of genocide in Gaza. Two months later, the court instructed Israel to improve the humanitarian situation by opening more land crossings to allow essential supplies into the region. South Africa claims Israel has largely ignored these orders. Proceedings at the ICJ can take years to resolve. Both South Africa’s case against Israel and Nicaragua’s case against Germany involve allegations of violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This treaty was created after the Holocaust to define and criminalize the act of genocide. While a team of independent experts has concluded that Israel may be violating the treaty, only the ICJ can make a formal legal determination.
In 2007, the ICJ ruled that Serbia violated its duty to prevent genocide during the Srebrenica massacre in 1995, when Bosnian Serb forces killed around 8,000 Muslim men and boys. In May 2024, the court set a deadline for South Africa to file its written arguments in its case against Israel, with Israel given until 2029 to respond. Hearings on whether Israel committed genocide in Gaza are not expected until at least late 2029. Separately, the International Criminal Court (ICC), which prosecutes individuals rather than states, has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. They are charged with crimes against humanity, specifically for allegedly using starvation as a method of warfare and targeting civilians. These charges are denied by Israeli officials. In response, the United States has imposed sanctions on several senior ICC staff, including nine of the court’s 18 judges.
Germany Challenges UN Claims of Facilitating Genocide in Gaza
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