Germany appeared before the International Court of Justice in The Hague this week as hearings began in a case filed by Nicaragua accusing Berlin of facilitating genocide in Gaza through its support for Israel.
Nicaragua filed the case in March 2024, alleging that Germany violated its obligations under the 1948 Genocide Convention by supplying Israel with military equipment despite being aware of the risk that genocide could be committed in Gaza. Nicaragua also accused Germany of breaching international humanitarian law.
"By sending military equipment and now defunding UNRWA, Germany is facilitating the commission of genocide," Nicaragua stated when it filed the case.
Germany is Israel's largest arms supplier after the United States. Berlin denies the accusations and is seeking to have the case dismissed, challenging both the court's jurisdiction and the admissibility of parts of Nicaragua's complaint.
The current hearings will not determine whether Germany violated international law. They will decide whether the case can proceed to a fuller examination of the allegations.
Nicaragua initially sought emergency orders requiring Germany to halt military assistance to Israel and resume funding for UNRWA. The ICJ rejected those provisional measures in April 2024 but declined to dismiss the broader case entirely.
Carlos Jose Arguello Gomez, Nicaragua's ambassador to the Netherlands, argued during the 2024 hearings that Germany had failed "to differentiate between self-defence and genocide."
Germany told the court that Nicaragua had failed to follow the required procedural steps before bringing the case, and that large parts of the complaint fall outside the court's jurisdiction under the Genocide Convention.
"Germany respectfully requests the court to reject Nicaragua's claims," Julia Monar, legal adviser of the German foreign ministry, told the court's judges.
Berlin has maintained that its weapons exports undergo detailed legal scrutiny. During earlier hearings, a German lawyer stated that 98 percent of exports to Israel since October 7, 2023, consisted of general military equipment such as helmets, vests, and binoculars.
Germany is now formally raising preliminary objections, arguing the ICJ lacks jurisdiction and that some of Nicaragua's claims are inadmissible. The full details of those objections have not been made public.
The ICJ has become a central forum in legal proceedings related to the conflict in Gaza. A separate genocide case brought by South Africa against Israel remains ongoing. In January 2024, the court ruled in that case that there was "a real and imminent risk that irreparable prejudice" would be caused to the rights of Palestinians in Gaza under the Genocide Convention.
Meanwhile, the situation in Gaza remains severe. A ceasefire brokered by the United States has been in place since last October, but Israeli attacks have continued. At least four Palestinians were killed on Sunday, including an eight-year-old girl and a three-year-old boy.
Gaza's Ministry of Health reports that at least 1,344 Palestinians have been killed and 4,464 wounded since the ceasefire took effect. The ministry puts the overall death toll since October 2023 at 73,470, with at least 174,540 wounded.
The UN Satellite Centre estimates that 82 percent of Gaza's buildings have been damaged or destroyed. Gaza health authorities, UN agencies, and aid groups estimate that between 10,000 and 14,000 people remain missing beneath rubble.
