Netherlands – The International Court of Justice (ICJ) has rejected Nicaragua’s request for provisional measures against Germany. Nicaragua had appealed to the Hague, asserting that Germany’s status as Israel’s second-largest weapons supplier, following the United States, implicated them in the ongoing genocide in Gaza.
They sought urgent actions to halt German arms and aid exports to Israel and to restore funding to the United Nations Relief and Works Agency for Palestine (UNRWA). However, the ICJ denied their request with a vote of 15-1.
Professor Mia Swarts from Wits Law School explained that this denial does not conclude the case. Instead, it will continue to be evaluated on its merits. Nonetheless, a final decision could take months or years.
“Right from the beginning, International lawyers specialising in this field were sceptical that the ICJ, which is essentially a very careful and conservative court, would rule in favour of Germany … Because there isn’t much precedent for this kind of step to take provisional measures. However, the court didn’t throw the case out. The court just ordered that provisional measures will not be ordered, but the case, in its substance and on its merits, is going to go forward.”
SMread| Political Analyst Foresees Strong Opposition Challenge in Upcoming Election Phases
Germany’s Unwavering Support
During the legal proceedings, Germany’s representatives refuted the claims that the country is contributing to the genocide in Gaza. Despite reports that Germany supplied Israel with arms worth over 320 million Euros in 2023, they asserted that the volume of recent aid has significantly decreased.
Professor Swart criticised Germany’s defence as overly technical and lacking empathy, noting that their argument centred on the nature of the arms and their defensive purposes.
A German representative highlighted that 98% of the arms provided consisted of general equipment like binoculars, vests, and helmets and that most weapons were intended for training purposes and thus unsuitable for actual combat.
Despite these distinctions, the considerable military and financial aid and the steadfast support Germany continues to provide to Israel, Professor Swart expressed astonishment and scepticism at the German claim that these weapons are not being used against innocent civilians in Gaza.
“Germany’s claims that many of the arms were so-called Defensive arms. But you know, it just doesn’t make sense that this wasn’t used in Gaza.”
Professor Swart pointed out that with the conclusion of the provisional measures phase of the case, Nicaragua now needs to concentrate on preparing its main trial arguments. They should delve into the specifics of the weapons exported and their actual usage.
Furthermore, Professor Swart suggested that Nicaragua should strengthen their legal team to effectively contest Germany’s assertions that its weapons exports to Israel do not contribute to the complicity in the genocide in Gaza.
