Nicaragua, a long-time supporter of the Palestinian cause, is expanding the legal battle over the Gaza conflict at the International Court of Justice by filing a case against Germany, a major arms supplier to Israel.
Nicaragua’s filing argues that “Germany is facilitating the commission of genocide” in Gaza by providing military and financial aid to Israel, in violation of the Genocide Convention. It requests emergency measures to stop Berlin from supporting Israel during wartime.
In hearings starting on Monday at the court in The Hague, Nicaragua is expected to claim that Germany is aiding Israel in violating the Geneva Conventions, specifically the obligation to protect civilians during armed conflicts.
A spokeswoman for the German chancellery, Christine Hoffman, stated last week that the government refutes Nicaragua’s accusations. Germany is set to respond to the case on Tuesday morning.
Nicaragua’s case raises concerns about the accountability of countries supplying weapons to Israel for the Gaza war.
Lawyers suggest that Germany, as Israel’s second-largest arms provider after the United States, is a more feasible target for a lawsuit due to granting full jurisdiction to the International Court of Justice. On the other hand, the United States denies the court’s jurisdiction unless explicitly consented.
This year, Nicaragua’s case is the third at the court related to the Israeli-Palestinian conflict.
South Africa previously sought emergency measures from the court, claiming that Israel was at risk of committing genocide, an assertion disputed by Israel. The court instructed Israel to ensure compliance with the Genocide Convention, which it has signed.
In February, the court also addressed a case requested by the United Nations General Assembly on the legality of Israel’s occupation of Palestinian territories. The Nicaraguan case is broader, involving violations of the Geneva Conventions and the convention against genocide.
The court has not yet accepted the case, but is obligated to respond promptly to requests for emergency measures.
Israel, not party to the Nicaragua-Germany dispute, will not participate in the current hearings at the court. Germany’s historical duty to support Israel is being questioned due to the escalating situation in Gaza.
Recent activity at the court has highlighted its role as a diplomatic tool to pressure Israel amid ongoing conflicts.
Nicaragua’s government, facing sanctions for domestic repression, has turned to the court to apply additional pressure on Germany.
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