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Nicaragua takes Germany to top UN court seeking to stop Berlin sending arms to Israel

THE United Nations’ top court is due to start preliminary hearings tomorrow in a Nicaraguan case seeking an end to German military and other aid to Israel, arguing that Berlin is facilitating acts of genocide and breaches of international law in Gaza.

While the case at the International Court of Justice centres on Germany, it indirectly targets Israel’s military campaign in Gaza, which has killed more than 33,000 Palestinians since being sparked by the October 7 Hamas attacks on southern Israel.

Nicaragua has asked the court to hand down preliminary orders known as provisional measures including that Germany “immediately suspend its aid to Israel, in particular its military assistance including military equipment, in so far as this aid may be used in the violation of the Genocide Convention” and international law.

The Central American country argues that, by giving Israel political, financial and military support and by defunding UNRWA, the UN aid agency for Palestinians, “Germany is facilitating the commission of genocide and, in any case, has failed in its obligation to do everything possible to prevent the commission of genocide.”

Speaking to reporters in Berlin on Friday, German Foreign Ministry spokesman Sebastian Fischer said: “We reject Nicaragua’s accusations. Germany has breached neither the Genocide Convention nor international humanitarian law and we will set this out in detail before the International Court of Justice.”

Israel too has strongly denied violating the convention.

The court is likely to take weeks to deliver its preliminary decision and the case is expected to drag on for years.

Tomorrow’s hearing comes amid growing calls for an end to arms shipments to Israel.

“The case next week in The Hague will likely further galvanise opposition to any support for Israel,” said Mary Ellen O’Connell, a professor of law and international peace studies at the University of Notre Dame.

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Features / 17 April 2024
17 April 2024
SEVIM DAGDELEN writes that the response of Germany to Nicaragua’s charges of aiding and abetting genocide in Gaza has been to downplay its role in supplying arms and question the premise that genocide is already taking place