The highest court of the United Nations will rule on Tuesday on a Nicaragua’s request for judges to order Germany to stop military aid to Israelarguing that Berlin’s support allows acts of genocide and violations of international humanitarian law in Gaza.
The Nicaragua case is the latest legal attempt by a country with historical ties to the Palestinian people to stop Israel’s offensive. Late last year, South Africa accused Israel of genocide in court. The cases come as Israel’s allies face growing calls to stop supplying it with weapons, and as some, including Germany, have become more critical of the war.
On Monday, US Secretary of State Antony Blinken said Israel still needs to do more to increase the flow of humanitarian aid to the besieged Gaza Strip.
In hearings earlier this month, Nicaragua’s ambassador to the Netherlands, Carlos José Argüello Gómez, told the 16-judge panel that “Germany is not fulfilling its own obligation to prevent genocide or ensure respect for international humanitarian law.” ”.
Nicaragua also wants Germany to restore direct funding to the UN aid agency in Gaza.
The head of Germany’s legal team, Tania von Uslar-Gleichen, said Nicaragua’s claims “have no basis in fact or law.”
Israel strongly denies that its attack on Gaza represents genocidal acts, saying it is acting in self-defense after Hamas-led militants swept into southern Israel on October 7, killing about 1,200 people. Israeli legal adviser Tal Becker told court judges earlier this year in the case brought by South Africa that Israel is fighting a “war it did not start and did not want.”
Since Israel launched its offensive, more than 34,000 Palestinians have died in Gaza, according to the territory’s Health Ministry. His death toll does not differentiate between civilians and combatants, but he has said that women and children make up the majority of the dead.
Israel blames Hamas for the high number of civilian deaths because the militants fight in dense residential areas. The army says it has killed more than 12,000 militants, without providing evidence.
Germany has been a staunch supporter of Israel for decades. Berlin, however, has gradually been changing its tone as civilian casualties in Gaza have skyrocketed, becoming increasingly critical of the humanitarian situation in Gaza and speaking out against a ground offensive in Rafah.
In the case brought by South Africa, the ICJ in January ordered Israel to do everything possible to prevent death, destruction and acts of genocide in Gaza. In March, the court issued new provisional measures ordering Israel to take steps to improve the humanitarian situation in Gaza, where experts say a famine is imminent.
Meanwhile, a separate investigation by another international court, the International Criminal Court, also worries Israeli officials.
The ICC investigation was launched in 2021 into possible war crimes committed by Israel and Palestinian militants dating back to the 2014 Israel-Hamas war. The investigation also looks into Israel’s construction of settlements in occupied territories that Palestinians want for a future state. In recent days, Israeli officials have expressed concern about possible arrest warrants in that case.
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