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Germany Moves to Dismiss Nicaragua’s Gaza Genocide Case at ICJ

Germany Moves to Dismiss Nicaragua’s Gaza Genocide Case at ICJ

Germany will on Monday ask the International Court of Justice to dismiss a case brought against it by Nicaragua, which has accused Berlin of facilitating genocide through its support for Israel, according to France 24.

German lawyers are set to begin four days of hearings at the Hague-based court, which adjudicates disputes between nations.

The legal challenge dates back to 2024, after Israel launched its offensive in Gaza. Nicaragua initially urged the ICJ to impose emergency measures forcing Berlin to halt all aid to Israel, including military equipment. In April of that year, the court rejected that request, stating that “the circumstances, as they now present themselves” did not warrant emergency orders.

Despite that earlier ruling, the case remains active. Germany is now seeking to have it removed entirely, either by arguing that the court lacks the authority to rule on the matter or by contending that Nicaragua’s claims are legally unsound.

According to an ICJ statement, Berlin has filed “preliminary objections to the jurisdiction of the Court and to the admissibility of certain claims” presented by Nicaragua. The specific details of Germany’s case have not yet been made public.

After Germany presents its arguments on Monday, Nicaragua will respond. Both countries are scheduled to address the court again on Wednesday and Thursday. ICJ cases of this nature typically take around six months to reach a ruling.

The court may side with Germany and dismiss the case completely, or it may rule against Berlin, in which event the case would proceed to a more detailed consideration of the merits.

During April 2024 hearings, Nicaragua’s ambassador to the Netherlands, Carlos Jose Arguello Gomez, criticized Germany’s dual approach of providing aid to Gaza while simultaneously supplying Israel with weapons. He told the court: “Germany seems not to be able to differentiate between self-defence and genocide.”

Germany dismissed Nicaragua’s case as “grossly biased” and strongly denied accusations that it had breached the 1948 UN Genocide Convention. A German representative emphasized that Israel’s security remains “at the core” of Germany’s foreign policy, a stance rooted in the country’s Nazi past.

Berlin stated that its arms trade with Israel is subject to “detailed scrutiny … that far exceeds the requirements of international law.”

The proceedings are separate from the high-profile case also before the ICJ, in which South Africa has accused Israel of perpetrating genocide in Gaza—an allegation Israel denies. While ICJ rulings are binding, the court has no enforcement power. For example, its order for Russia to stop its invasion of Ukraine was ignored by the Kremlin.

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