Germany's Firm Stand for Israel in International Court amid Allegations of 'Genocide Facilitation' in Gaza

Germany has responded to Nicaragua's allegations of "facilitating genocide" in Gaza by defending its support for Israel based on historical reasons. During a hearing at the International Court of Justice (ICJ) in The Hague, Germany's lawyer Tania von Uslar-Gleichen strongly denied Nicaragua's accusations, describing the case as biased. She assured that Germany would clarify the facts during the second day of the court's two-day session.

Nicaragua has criticized Germany for not upholding its commitments as a signatory of the Genocide Convention. This includes providing political, financial, and military support to Israel during its ongoing military operations in Gaza. Additionally, Nicaragua has accused Germany of halting funding to UNRWA, the main UN humanitarian agency in Gaza.

Judges are seen at the International Court of Justice in The Hague, Netherlands, on Friday.

Piroschka van de Wouw/Reuters

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Since Israel launched its war following Hamas’ October 7 terror attacks, more than 33,000 people, including thousands of children, have been killed in Gaza, as reported by the enclave’s health ministry. Aid agencies have also warned that over a million individuals are on the brink of starvation.

Von Uslar-Gleichen, the Legal Director for the German Foreign Office, emphasized that Germany is committed to fulfilling its responsibility towards both the Israeli and Palestinian people.

Germany has always supported international humanitarian law and principles, according to von Uslar-Gleichen. She also acknowledged Germany's past, referencing the Nazi Holocaust against Jews during World War II. She emphasized that this history is why Germany places a high priority on Israel's security in its foreign policy.

Her address was delivered a day after the Nicaraguan Ambassador to the Netherlands, Carlos Jose Arguello Gomez, stated at the world court that his government had taken the case in support of the Palestinian people. According to him, the Palestinian people are currently facing one of the most destructive military actions in modern history.

Also present at the UN court on behalf of Nicaragua, French lawyer Alain Pellet clarified on Monday that Nicaragua is not accusing Germany of genocide against the Palestinian people in Gaza. Instead, they are highlighting Germany's failure to fulfill its obligation to prevent and suppress the crime of genocide.

Israel is not a party to the case brought by Nicaragua and will not appear at the ICJ for it.

Reuters

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Another case before the ICJ

Nicaragua has been a longstanding supporter of the Palestinian cause, seeing the issue as a modern-day version of the type of colonialism it suffered under Spanish rule.

Germany stated on Tuesday that the main focus of Nicaragua's case was on Israel and its alleged violations of international law, therefore arguing that the ICJ did not have jurisdiction.

British lawyer Samuel Wordsworth, representing Germany, pointed out that the case against Germany relies heavily on a previous determination of international law violations by Israel in Gaza.

The ICJ is currently reviewing a case filed against Israel by South Africa. However, the court has not yet made a decision on whether Israel has violated international law in Gaza.

In the case between South Africa and Israel, the ICJ issued a ruling in January directing Israel to "take all necessary measures" to prevent genocide in Gaza. However, the court did not go as far as to order Israel to cease the conflict, as South Africa had requested. Additionally, the ICJ has not made a determination on whether Israel has committed genocide in the region.

Nicaragua has requested the ICJ to grant provisional measures, including a request for Germany to stop its military aid to Israel immediately. However, Germany has clarified that their weapons sales are not as portrayed.

German legal representative Christian Tams informed the court that since October 2023, the exports to Israel have mainly consisted of other military equipment, such as subordinate or defensive gear. There have been no artillery shells or munitions exported under this framework.

Germany maintains that despite suspending funding to UNRWA, they continue to provide humanitarian support to Palestinians in Gaza daily under challenging circumstances.

The international court is currently reviewing Nicaragua's request for emergency measures.

Editor's P/S:

The hearing at the International Court of Justice between Nicaragua and Germany highlights the complex legal and moral issues surrounding the ongoing conflict in Gaza. Nicaragua's allegations of genocide against Israel and Germany's support for Israel based on historical reasons underscore the need for accountability and reconciliation. While Germany's historical responsibility to protect Israel's security is understandable, it must also balance this with its obligations under international law to prevent genocide and protect civilians. The ICJ's review of Nicaragua's request for emergency measures will be closely watched as the court grapples with the challenge of addressing atrocities while navigating political sensitivities.

Moreover, the ongoing case between South Africa and Israel at the ICJ further complicates the legal landscape. The ICJ's previous ruling directing Israel to prevent genocide in Gaza, without explicitly condemning Israel for committing it, raises questions about the court's ability to effectively address such allegations. The court's decision in the Nicaragua case will have significant implications for the global response to genocide and the accountability of states that support violent regimes.