Nicaragua Takes Germany to ICJ Over Gaza Arms Support

Nicaragua has returned to the International Court of Justice (ICJ) in The Hague with its case against Germany over Berlin's military and political support for Israel during the Gaza war.

The case, filed in 2024, accuses Germany of violating its obligations under the 1948 Genocide Convention and international humanitarian law by continuing to supply military equipment to Israel despite what Nicaragua says was a known risk of genocide in Gaza.

Germany, which is one of Israel's largest sources of military equipment after the United States, rejects the allegations. Berlin is asking the court to dismiss the case, arguing that Nicaragua has failed to meet certain legal requirements and that some of its claims fall outside the ICJ's jurisdiction.

The current hearings are not intended to determine whether Germany has violated international law. Instead, judges will consider whether Nicaragua's case is legally admissible and whether the court has jurisdiction to proceed with a full examination.

The ICJ, commonly known as the World Court, was established to resolve disputes between states. Its role has become increasingly prominent during the Gaza conflict, with a separate genocide case brought by South Africa against Israel also before the court.

What does Nicaragua allege?

Nicaragua argues that Germany breached its obligations under the Genocide Convention by supplying Israel with military equipment while allegedly aware of the risk that genocide could occur in Gaza.

It has also accused Berlin of violating international humanitarian law.

When Nicaragua launched the case in March 2024, it argued that Germany was contributing to the alleged commission of genocide by providing military assistance to Israel. Managua also criticised Germany's decision to suspend funding for the UN agency for Palestinian refugees, UNRWA.

Nicaragua initially asked the ICJ to impose emergency measures requiring Germany to stop providing military assistance to Israel and restore its funding for UNRWA.

The court rejected those provisional measures in April 2024 but did not dismiss the wider case, allowing Nicaragua's legal challenge to continue.

The proceedings followed an earlier ICJ ruling in South Africa's separate case against Israel. In January 2024, the court determined that there was a "real and imminent risk" of irreparable harm to the rights of Palestinians in Gaza protected under the Genocide Convention.

Nicaragua has argued that Germany failed to adequately distinguish between Israel's claimed right to self-defence and actions that could constitute violations of international law.

How has Germany responded?

Germany strongly disputes Nicaragua's allegations and is seeking to have the case thrown out before it reaches the merits stage.

During the latest hearings, Berlin argued that Nicaragua had not properly completed the necessary steps before bringing its case and that significant parts of its complaint fall outside the ICJ's jurisdiction under the Genocide Convention.

German Foreign Ministry legal adviser Julia Monar told the judges that Germany was asking the court to reject Nicaragua's claims.

Berlin has also maintained that its arms exports to Israel are subjected to extensive legal and governmental scrutiny.

During earlier hearings, German lawyer Christian Tams said that about 98 percent of German exports to Israel following the October 7, 2023 attacks consisted of general military equipment, including helmets, protective vests and binoculars.

Germany has now submitted what are known as preliminary objections, challenging both the court's jurisdiction and the admissibility of some of Nicaragua's claims.

The full substance of Germany's objections has not been publicly disclosed.

What is happening in Gaza?

A US-brokered ceasefire has been in place since October, although Israeli military operations and attacks have continued.

At least four Palestinians, including an eight-year-old girl and a three-year-old boy, were reported killed in Israeli attacks on Sunday.

According to Gaza's Ministry of Health, at least 1,344 Palestinians have been killed and 4,464 wounded since the ceasefire began. The ministry says the overall Palestinian death toll since October 2023 has reached at least 73,470, with more than 174,540 people wounded.

The UN Satellite Centre has estimated that about 82 percent of Gaza's buildings have been damaged or destroyed.

Gaza health authorities, UN agencies and humanitarian organisations also estimate that between 10,000 and 14,000 people could remain missing beneath destroyed buildings and rubble.

When could the ICJ case end?

The first question facing the court is whether Germany's jurisdictional objections will succeed.

The ICJ is holding four days of hearings before its judges consider whether Germany's attempt to have the case dismissed should be accepted. Decisions on preliminary objections typically take several months, with such rulings averaging around six months.

If Germany's challenge fails, the case could proceed to the merits stage, where the court would examine Nicaragua's substantive allegations. That process could take several years.

The timetable for South Africa's separate genocide case against Israel illustrates how lengthy such proceedings can become. The ICJ has set deadlines extending into 2029 for written submissions in that case, meaning substantive hearings are not expected before late 2029 at the earliest.

There is currently no fixed date for a final judgment in Nicaragua's case against Germany.

If the case survives Germany's preliminary challenge, the dispute could therefore remain before the World Court for years before the judges reach a final decision.