The International Court of Justice has ruled against issuing emergency measures over German arms sales to Israel as requested by Nicaragua, which had argued that there was a serious risk of genocide in Gaza amid Israel’s assault on the Palestinian territory.

The Hague

Prime Minister Benjamin Netanyahu declared that Israel is 'at war' following a surprise attack from Gaza by Hamas militants.

Israel-Gaza War

The International Court of Justice (ICJ) has decided not to issue emergency measures concerning German arms exports to Israel, which were sought by Nicaragua. Nicaragua had argued that Germany's sale of weapons to Israel posed a "serious risk of genocide" in Gaza, correlating with what it referred to as Israel's assault on the Palestinian territory. This ruling arrives only weeks after Nicaragua's initial request to halt the exports, citing concerns that Germany's actions violated the genocide convention.

The German legal team contended that Nicaragua had "grossly distorted" the reality of Germany’s military relations with Israel, stating, "We reject Nicaragua's unfounded accusations and see no basis for the ICJ to implement provisional measures." They emphasized Germany's compliance with the genocide convention and international humanitarian law. On the other hand, Nicaragua’s representative at the court highlighted the continuous military interactions between Germany and Israel, critiquing Germany for providing both military support to Israel and humanitarian aid to Palestinian civilians.

Despite the heated arguments from both sides, the ICJ ruled by a majority of 15 votes to 1 that the present circumstances do not necessitate the court's intervention under Article 41 of its statute for provisional measures. The court, however, noted that Nicaragua's wider case against Germany is not yet concluded. The ruling also touched on Germany’s resumption of payments to the UN Relief and Works Agency in Gaza, addressing another of Nicaragua’s concerns which was ultimately dismissed by the judges.

This case unfolds against a backdrop of mounting global concern over the conflict in Gaza, with Germany’s supply of military aid to Israel sparking public protests and academic debates. This international legal dispute reflects broader tensions surrounding the war in Gaza and raises questions about the responsibilities of nations under international law.



ICJ rejects measures over German arms exports to Israel

Justice at the ICJ is often delivered very slowly. But today's ruling came just weeks after an initial application to block German weapons sales to Israel that Nicaragua said violated the genocide convention. The German legal team said Nicaragua quote, grossly distorted the facts of its military relationship with Israel. We have stated that we reject Nicaragua's unfounded accusations and there is no reason for the ICJ to adopt provisional measures. We are fully aware of our responsibilities under the genocide convention and international humanitarian law and we respect these. Nicaragua's court representative challenged German statements in turn. You can say anything you want, but we are talking here not about statements but about facts. And the facts are that Germany continues to be having military interchanges with Israel. Nicaragua had previously called Germany pathetic for simultaneously supplying weapons to Israel's military as well as aid to Palestinian civilians. But this Tuesday afternoon, the judges seemed to accept Germany's arguments, at least for now. The courts, by 15 votes to 1, find that the circumstances as they now present themselves to the court are not such as to require the exercise of its power under Article 41 of the statute to indicate provisional measures. Germany recently resumed its regular payments to the UN Relief and Works Agency in Gaza. Its decision to suspend such payments had been grounds for another Nicaraguan concern that judges dismissed for now as well. But the courts made clear Nicaragua's broader case has certainly not concluded. For Germany, with a history that's played a huge part in this court's creation, the political consequences in the global court of public opinion may still be powerfully felt. I feel that the tax money that I am paying is contributing basically to the killing of my people or even of my family. Police in Germany are frequently forced to disrupt pro-Palestinian rallies critical of the government's continued supply of military aid to Israel. From college campuses to international courts to public protests, the war in Gaza continues to prompt conflicts on a global scale. Willem Marks, Al Jazeera, The Hague.

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