At the beginning of four days of sessions, Germany asked the International Court of Justice on Monday to drop a lawsuit filed by Nicaragua against it, accusing it of “facilitating genocide” in the Gaza Strip through its support for Israel.
Julia Munnar, Germany's representative before the International Court of Justice, said the judges lacked jurisdiction to hear the case, and dismissed Nicaragua's accusations as "inaccurate and distorted."
Berlin: The allegations lack legal basis
Nicaragua urged ICJ judges to impose emergency measures to force Berlin to halt all aid to Israel, particularly military equipment.
Munar told the court's judges that "the conditions upon which this court's jurisdiction is based are not met in this case."
"For the first time in the history of this court, it is being asked to decide on a case that is two levels removed from the traditional bilateral dispute," Munar added before the court that adjudicates disputes between countries. She continued, "Neither Nicaragua nor Germany is a party to the conflict that forms the core of this issue, that is, the Israeli-Palestinian conflict." She said that this means that the court must decide that it does not have jurisdiction to hear the case.
The case dates back to 2024. The court rejected Nicaragua's request in April of that year, considering that "the circumstances, as presented to it" at the time, did not justify the issuance of emergency measures.
But the case still stands, and Germany is now seeking to have it dismissed, whether by convincing the judges that the court does not have jurisdiction to hear it or that Nicaragua's arguments are not sufficiently founded. Berlin presented what are called “preliminary defenses regarding the jurisdiction of the court and the admissibility of some requests” submitted by Nicaragua, according to a statement by the International Court of Justice.
'Inaccurate accusations'
Regarding the admissibility of the case, Munar said, “The facts presented by Nicaragua not only do not fit this stage of the proceedings, but also present an inaccurate and distorted picture.” She added, "All German exports of military technology and equipment to Israel, as to any other country, are subject to strict licensing requirements that exceed international requirements."
Munar referred to Germany's "firm support for the existence and security of the State of Israel," but also stressed that Germany is one of the largest donors to Palestinian lands in the world. She said Germany seeks to achieve "lasting peace" in Gaza, a goal it shares with Nicaragua.
She continued, "But Germany has serious doubts that the case brought by Nicaragua before your court can bring us in any way closer to this common goal." She concluded by saying, "Accordingly, Germany respectfully requests that the court reject Nicaragua's claims."
During court hearings in April 2024, Nicaragua said it was “unfortunate” that Germany was providing aid to Gaza while simultaneously supplying weapons to Israel. Nicaragua's ambassador to the Netherlands, Carlos Jose Arguello Gomez, told the court: "Germany appears unable to distinguish between self-defense and genocide."
The court sessions will continue for four days at the Peace Palace in The Hague, with Nicaragua submitting its response on Tuesday. It takes about six months on average to issue a ruling in such cases. The court can either support Germany's position and reject the case entirely, or rule against Berlin, which means moving to examine the issue more broadly "in its essence."
Although the decisions of the International Court of Justice are binding, it does not have a mechanism to implement them. Russia, for example, ordered an end to its invasion of Ukraine, but to no avail.
Edited by: A.J.M
