ICJ rules: No action against Germany for aiding Israel’s ‘genocide’ in Gaza

Nicaragua demands provisional measures against Germany’s arms sales

Read this article in:

The International Court of Justice (ICJ) declined to issue provisional measures against Germany regarding its arms sales to Israel, rejecting Nicaragua’s unusual request amid the Gaza War.

Nicaragua had claimed that “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.”

The Central American nation had requested the ICJ order Germany to “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."

While the court ruled out issuing provisional, immediate measures, it also noted that it had not dismissed the case and would continue pursuing it.

Nicaragua’s unusual case was the first instance where a nation was held accountable for the actions of another nation, specifically Israel and its conduct during the war.

German sales accounted for 30% of all Israeli arms purchases last year, according to the Stockholm International Peace Research Institute.

In its decision, the court noted that 98% of the arms sales licenses granted in Germany since the Oct. 7 massacre by Hamas were intended for “military equipment” rather than “weapons of war,” as defined by German law.

Germany welcomed the ICJ's decision.

“Germany is not a party to the conflict in the Middle East - on the contrary: We are committed day and night to a Two State Solution. We are the largest donor of humanitarian aid to the Palestinians. We are working urgently to ensure that aid reaches the people in Gaza,” the German Foreign Ministry said in a statement.

“But we also see: It is the terror of October 7th which has started this new spiral of suffering. Israel must defend itself against these attacks. There are still over 100 hostages in the hands of Hamas, which is using the people of Gaza as human shields,” the ministry added.

Last week, POLITICO reported that the unusual case by Nicaragua, a small country that, itself, has a shaky human rights record, was likely filed at the behest of Russia.

Nicaragua has "no reason to inject themselves into a conflict over the Middle East,” a Western intelligence officer told the news outlet.

While the German Foreign Ministry described the relationship with Nicaragua as a “close friendship,” just a week before the case was filed, Russia used long-standing connections going back to the Cold War to influence the country’s leadership.

In January, the ICJ ordered the State of Israel to take several measures to ensure the rights of the Palestinians in Gaza but did not specifically order it to stop the fighting in the Strip, in a case alleging charges of ‘genocide’ brought forward by South Africa.