- 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.
- 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.
- 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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