At the outset of a historic dispute, Nicaragua has requested the UN’s top court to stop Germany from selling arms to Israel.
Germany is charged with violating the UN Genocide Convention by stopping funding the UN agency that provides aid to Israel and sending military equipment there.
Berlin disputes the allegations and on Tuesday will defend itself before the International Court of Justice (ICJ).
About 30% of Israel’s military equipment purchases in 2023—a total of €300 million ($326 million; £257 million)—came from Germany.
Based on a different case that South Africa brought in January, judges in The Hague ruled that Israel must take “every possible measure” to prevent acts of genocide. Additionally, the court mandated that Hamas promptly return any prisoners that it had abducted from Israel during its attacks on October 7.
Israel has maintained its right to self-defense and has refuted claims that it is carrying out acts of genocide in Gaza.
According to the health ministry controlled by Hamas in Gaza, over 33,000 people have died as a result of Israel’s offensive, the most of them were civilians. According to Oxfam, 300,000 people stranded in Gaza’s northern region have survived since January on an average of 245 calories per day, putting them in danger of starvation.
Nicaragua claims that Germany is implicated in Israel’s alleged war crimes because of the country’s $326.5 million in weaponry shipments to Israel last year, a tenfold increase over 2022.
The majority of the transactions were made up of parts for communications and air defense systems, according to the DPA news agency.
Germany was among the fifteen Western countries that halted financing for the UN Relief and Works Agency for Palestine Refugees (UNRWA) due to accusations that certain employees of the organization participated in the attacks against Israel on October 7.
Documents submitted to the ICJ indicate that Nicaragua requests an order from the world court of the UN compelling Berlin to stop selling weapons and to start supporting the humanitarian organization again. This organization is one of the few foreign organizations that is still active in Gaza.
It states that “Germany is facilitating the commission of genocide and is failing in its obligation to do everything possible to prevent the commission of genocide” in the absence of such steps.
Alain Pellet, representing Nicaragua, stated during the trial’s opening statements that it was “urgent that Germany suspend continued sales.”
“Germany was and is fully conscious of the risk that the arms it has furnished and continues to furnish to Israel,” he stated before judges.
Although Berlin has denied the accusations, it has not disclosed its legal plan in advance of the proceedings.
According to government spokesman Wolfgang Buechner, “We note Nicaragua’s lawsuit and we deny the allegations as unjustified”.
Israel’s right to self-defense has been strongly defended by Chancellor Olaf Scholz, but he has encountered growing public opposition to the country’s continued military shipments.
A delegation of government employees wrote to the German Chancellor on Sunday, demanding that the government “cease arm deliveries to the Israeli government with immediate effect”.
Citing the January ICJ verdict, the statement stated, “Israel is committing crimes in Gaza that are in clear contradiction to international law and thus to the Constitution, which we are bound to as federal civil servants and public employees.”
In the case brought in January, the ICJ determined that “at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the Convention” .
However, opponents of the case have not wasted any time in pointing out that Nicaragua has a patchy record when it comes to human rights, with its administration being accused of repressing dissent. The government of President Daniel Ortega was charged by the UK delegation to the UN in March with a “relentless” onslaught on civil freedoms and human rights.
FAQs
What is the genocide case Germany is facing over Israel weapon sales?
Germany is accused of violating the UN genocide convention by supplying military equipment to Israel while also halting funding to the UN’s aid agency. This has led to allegations of facilitating genocide against Palestinians.
Who has brought forward the allegations against Germany?
Nicaragua has accused Germany of “facilitating” genocide by selling over $300 million worth of weapons to Israel.
What are the main arguments in the case?
Germany’s actions are being challenged under the UN genocide convention. Nicaragua is arguing that by aiding Israel militarily, Germany is indirectly contributing to alleged genocidal actions against Palestinians.
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