Germany fights Gaza genocide claims at the top UN court

Germany told the International Court of Justice (ICJ) on Monday that a genocide case brought by Nicaragua over its arms sales to Israel was improperly filed and should be dismissed, according to reports from multiple media outlets. The case, which originated in 2024, accuses Germany of violating the 1948 Genocide Convention and international humanitarian law by providing military support to Israel, which Nicaragua claims facilitated acts of genocide in Gaza. Germany, represented by legal advisers Julia Monar and Antonios Tzanakopoulos, argued that Nicaragua failed to follow proper procedures in notifying the German government and that the case falls outside the court’s jurisdiction. Nicaragua accuses Germany of enabling Israel’s military campaign in Gaza, which it links to the October 7, 2023, attacks by Hamas. Israel, which is not a party to the proceedings, denies that its actions constitute genocide. During the hearing, Monar stated that Nicaragua’s conduct suggested it was not interested in hearing Germany’s perspective but instead aimed to bring Germany before the court. She noted that Nicaragua provided less than a month for Germany to respond before initiating proceedings, which is inconsistent with standard diplomatic practices. Tzanakopoulos added that the formal notification from Nicaragua arrived via a Yahoo email address sent to a general inbox, bypassing official diplomatic channels. Germany is Israel’s second-largest arms supplier, behind the United States. Monar emphasized that Germany strictly adheres to international law in reviewing military exports. She stated that since 2024, Germany has not authorized any weapon exports to Israel intended for use in the Gaza conflict. Despite these assurances, Nicaragua continues to assert that Germany’s support for Israel violates the Genocide Convention. The case follows similar efforts by South Africa, which accused Israel of genocide in Gaza and prompted the ICJ to issue orders in early 2024 demanding Israel take measures to prevent further harm and improve conditions in the region. However, South Africa claims Israel largely ignored those directives. Both cases rely on the 1948 Genocide Convention, established after World War II to criminalize acts of genocide. Independent experts and scholars have concluded that Israel is violating the treaty, though only an international court can make a binding legal determination. Proceedings at the ICJ are known to be protracted. The court previously ruled in 2007 that Serbia violated its duty to prevent genocide during the Srebrenica massacre. In the current case, the ICJ set deadlines for submissions, with South Africa required to file its written pleadings by November 2027 and Israel to respond by May 2029. The core issue, whether Israel committed genocide in Gaza, is not expected to be addressed until late 2029 at the earliest. Separately, an investigation into potential war crimes is underway at the International Criminal Court (ICC). While the ICC focuses on individual accountability, the ICJ handles disputes between states. Nicaragua’s case highlights the growing role of international courts in addressing alleged violations of humanitarian law, particularly in conflicts involving major powers. Germany’s position reflects its complex relationship with Israel, rooted in historical ties and shared democratic values. Despite its strong support for Israel, Germany has faced criticism for its stance on the Gaza conflict. The country temporarily suspended arms exports to Israel in 2025 but has since resumed them. The ongoing legal battles underscore the tensions between national interests and international legal norms, especially in high-stakes geopolitical contexts.