Germany seeks to dismiss Nicaragua's Gaza genocide case at top UN court

Germany will seek to dismiss a case brought by Nicaragua at the International Court of Justice (ICJ) in The Hague, alleging that Berlin facilitated genocide in Gaza through its support of Israel. Lawyers for Germany began four days of hearings on Monday, aiming to argue that the court lacks jurisdiction over the case and that Nicaragua’s claims are unfounded. The case, which originated in 2024, stems from Nicaragua’s accusation that Germany violated the 1948 UN Genocide Convention by continuing military aid to Israel amid the ongoing conflict in Gaza. Nicaragua initially requested emergency measures from the ICJ to compel Germany to cease all military support to Israel, particularly the supply of arms. However, the court rejected these measures in April 2024, stating that the circumstances did not justify such action. Despite this, the case remains active, and Germany is now attempting to have it dismissed outright. According to an ICJ statement, Germany has raised preliminary objections to the court’s jurisdiction and the admissibility of Nicaragua’s claims. Details of Germany’s arguments remain undisclosed. Following Germany’s presentation, Nicaragua will have the opportunity to respond before both nations reconvene with the court on Wednesday and Thursday. It typically takes around six months for the ICJ to issue a ruling on such matters. The court could either dismiss the case entirely or allow it to proceed to a full review. During earlier hearings in April 2024, Nicaragua criticized Germany for allegedly failing to distinguish between legitimate defense and genocide, describing its support for Israel as “pathetic.” Carlos Jose Arguello Gomez, Nicaragua’s ambassador to the Netherlands, stated that Germany seemed unable to make such a distinction. Germany countered by calling Nicaragua’s case “grossly biased,” firmly rejecting the notion that its actions constituted a breach of the Genocide Convention. Germany emphasized that its arms trade with Israel undergoes rigorous scrutiny exceeding international legal standards. Its representative highlighted that since 2024, Germany has not authorized any weapon exports to Israel intended for use in the Gaza conflict. This stance aligns with Germany’s broader foreign policy, which prioritizes Israel’s security due to its historical Nazi legacy. The case is distinct from another prominent ICJ proceeding involving South Africa, which accuses Israel of committing genocide in Gaza. Israel denies these allegations, asserting that its military operations target Hamas, the group responsible for the October 7, 2023, attacks on Israeli territory. The ICJ’s rulings, though legally binding, lack enforcement mechanisms. For instance, the court ordered Russia to cease its invasion of Ukraine, but Moscow ignored the directive. Germany’s legal team, led by Julia Monar, argued that Nicaragua failed to comply with procedural norms by notifying Germany less than a month before initiating proceedings. Monar claimed that Nicaragua’s communication arrived via a Yahoo email address sent to a general inbox instead of through official diplomatic channels. She further asserted that the ICJ’s jurisdiction is not applicable in this case, noting that neither Nicaragua nor Germany is directly involved in the Israeli-Palestinian conflict. Antonios Tzanakopoulos, another German lawyer, echoed these concerns, emphasizing that the case is not a typical bilateral dispute but rather a complex legal challenge. Germany, the second-largest arms supplier to Israel after the United States, maintains that its exports adhere strictly to international law. Despite suspending arms shipments to Israel for several months in 2025, Germany has since resumed exports. A U.S.-backed ceasefire implemented in October 2025 temporarily reduced large-scale violence in Gaza, but Israeli strikes have continued. The ICJ’s role in addressing the Gaza conflict has expanded significantly, especially following South Africa’s 2023 genocide case against Israel. While the court has issued interim rulings suggesting potential violations of the Genocide Convention, Israel continues to deny the allegations, framing them as politically motivated. The outcome of Germany’s current challenge to Nicaragua’s case will likely shape the trajectory of future legal proceedings related to the conflict. A decision on Germany’s jurisdictional objection is anticipated later this year, with a full determination potentially taking years to materialize.