Nicaragua v. Germany before the ICJ: Key Questions and Answers on the Case Concerning Germany’s Support for Israel

Q and A

Public hearings from 7 to 10 September 2026 at the International Court of Justice on the preliminary objections raised by Germany in Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory

(Nicaragua v. Germany)

* This blog provides background information on the case and is not intended to constitute a legal analysis. It will be updated regularly with relevant developments in the proceedings, as well as new analysis and other relevant material. Law for Palestine will publish a separate analytical paper examining the arguments presented by both parties during the hearings.

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The International Court of Justice (ICJ) is holding public hearings from 7 to 10 September 2026 on the preliminary objections raised by Germany in the case brought by Nicaragua concerning Germany’s conduct in relation to the Occupied Palestinian Territory, particularly the Gaza Strip. The first hearing was held yesterday, 7 September.

The hearings are addressing questions of jurisdiction and admissibility, rather than the substantive merits of Nicaragua’s claims. The proceedings are being held in public and can be watched on the UN Web TV here.

Yesterday was the first day of hearings at the International Court of Justice (ICJ) in Nicaragua’s case against Germany over its support for Israel’s unlawful occupation and its failure to prevent genocide in Gaza. Law for Palestine is participating in the case through its Head of Legal Action, Anisha Patel, who is serving as Counsel on the team representing Nicaragua before the Court in response to Germany’s preliminary objections. Watch the hearings live here – click 
  1. What is this case about?

Nicaragua brought this case in March 2024, against the backdrop of Israel’s military attack on the Gaza Strip and the grave humanitarian situation there. Nicaragua argues that, while there was an internationally recognised and increasingly serious risk of genocide and widespread violations of international humanitarian law against Palestinians in the Occupied Palestinian territory, especially the Gaza Strip, Germany continued to provide political, financial, and military support to Israel, including military equipment.

Nicaragua argues that Germany had its own obligations under international law to take measures to prevent genocide, not be complicit in genocide, to ensure respect for international humanitarian law, not to aid or assist internationally wrongful conduct, not to violate Palestinian self-determination, and to condemn Israel’s racial discrimination, segregation and apartheid against the Palestinian people.

Nicaragua is asking the ICJ to examine Germany’s actions with respect to the Occupied Palestinian Territory and determine whether Germany itself has violated its international obligations (see question 2 below), including through the supply of arms, academic support, its obligations concerning corporations under German jurisdiction, and other forms of material support to Israel.

The case is therefore not a case against Israel. Nicaragua is asking the Court to examine Germany’s own conduct and its own international obligations as a third State in relation to the situation in the Occupied Palestinian Territory.

 

  1. What are the legal claims Nicaragua is making in this case?

Nicaragua argues that, in light of Germany’s conduct, including its provision of military and other support to Israel, Germany has failed to comply with a number of obligations under international law. In particular, Nicaragua alleges breaches relating to:

  • International humanitarian law, including Germany’s obligation to respect and ensure respect for the Geneva Conventions and to take appropriate measures to prevent serious violations of international humanitarian law;
  • the right of the Palestinian people to self-determination;
  • the prohibition of racial discrimination, segregation and apartheid; and
  • the 1948 Genocide Convention, including the obligation to prevent genocide, failure to prosecute, and allegations concerning Germany’s assistance to Israel in circumstances where Nicaragua argues that there was a serious and recognised risk of genocide.

Nicaragua’s position is that Germany has independent obligations as a third State and cannot avoid responsibility for its own conduct simply because the alleged underlying violations are being committed by another State. The question before the Court is therefore whether Germany, through its own actions and omissions, has breached obligations that apply to Germany itself.

  1. At what stage is the case?

Nicaragua brought proceedings against Germany in March 2024 and, at the same time, asked the ICJ to indicate provisional measures – urgent measures intended to protect the rights at issue while the case was pending. The ICJ had oral hearings for ………………

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