Nicaragua Accuses Germany of ‘Facilitating Genocide’ in Palestine

Nicaragua has initiated a case against Germany at the International Court of Justice, accusing it of allegedly “facilitating the commission of genocide” in the Occupied Palestinian Territory, particularly in the Gaza Strip, since March 1. Nicaragua charges Germany with failing to fulfill its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide and the Geneva Conventions. This includes providing political, financial, and military support to Israel and interrupting funding to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). By this Application Nicaragua is requesting the ICJ to compel Germany to halt its military support to Israel and resume funding for the UNRWA. Public hearings concerning the case took place last Monday, April 8, and Tuesday, April 9, with the Court now deliberating on its judgment.

Nicaragua’s hearing on genocide support allegations

During its hearing, the Nicaraguaian legal team declared that “serious breaches of international humanitarian law…including genocide, are taking place in Palestine”, referencing the Israeli military operation in the Gaza Strip, which has resulted in thousands of civilian deaths and sparked an unprecedented humanitarian crisis.

Nicaragua argued that Germany was facilitating the commission of genocide in the Gaza Strip, as the country maintains a “privileged relationship” with Israel and has arguably failed to influence the country’s policy towards Palestine.

Nicaragua formally requested the immediate suspension of aid to Israel, particularly military assistance and arms exports, and the guarantee that the German equipment is not used to “facilitate serious violations of the Genocide Convention” and international humanitarian law.

Germany’s defense

Germany totally rejected Nicaragua’s allegations of supporting genocide in Palestine. “Nicaragua’s presentation was grossly biased ” declared Tania von Uslar, Germany’s legal advisor, during her presentation at the ICJ. Von Uslar highlighted Germany’s historical ties to Israel due to the genocide of World War II. “Germany has learned from its history… Our past is why the security of Israel has always been at the core of German foreign policy.”, she stated. Israel experienced an armed incursion from Hamas, on October 7, 2023, in which many atrocities were committed and hostages taken, and which resulted in the deaths of 767 civilians, including two Colombians.

Regarding the Nicaraguan allegations of military support, given that Germany is the second-largest arms provider to Israel after the US, the German legal team clarified that 98 percent of its military exports to Israel since October 2023 were non-lethal defence items, including helmets and bulletproof vests.

In response to ending the funding for UNRWA, Germany affirmed that it is doing “its utmost to live up to its responsibility vis-a-vis both the Israeli and the Palestinian people”, with approximately €175 million (US$186 million) of humanitarian help provided for Palestinian territories since the beginning of the Israeli operation in the Gaza strip.

In a communiqué released on Tuesday, April 9, the International Court of Justice stated that it has now begun its deliberations.