Nicaragua's lawsuit against Germany before the International Court of Justice

From this Monday onwards, the Federal Government will have to defend itself before the International Court of Justice against one of the most serious allegations of international law. Nicaragua accuses Germany of providing Israel with political, financial and military support for a genocide against the Palestinians in the Gaza Strip.

The process is already historic. Never before has a state in The Hague had to answer for supporting a warring party without itself being directly involved in the fighting. Since the terrorist attack on October 7, 2023, Germany has been one of Israel's most important supporters in the fight against Hamas, primarily through arms exports.

Given the extent of the destruction and the humanitarian situation in the Gaza Strip, the actions of the Israeli armed forces met with sharp international criticism. Pressure also grew in Berlin to reconsider support for Israel. In August 2025, Chancellor Friedrich Merz (CDU) ordered no more export licenses to be approved for military equipment that could be used in the Gaza Strip. In doing so, he reacted to the worsening of the situation and made a temporary course correction in Germany's Israel policy. In response to the ceasefire in October, the federal government lifted restrictions on arms exports in November. Since then, exports have been approved again.

Nicaragua had already filed its lawsuit in March 2024 and also called for an immediate stop to German arms deliveries to Israel in an expedited procedure. Tania von Uslar-Gleichen, the then head of the German delegation in The Hague, rejected the allegations. Germany is doing “its utmost to do justice to both sides” in the Gaza Strip. She got through to the judges with her plea. In May 2024, the judges rejected the urgent application. However, the actual lawsuit had not yet been decided.

Nicaragua bases this primarily on the United Nations Genocide Convention. Accordingly, states are obliged to prevent and not support genocides - even if they occur in another country.

However, the oral hearing in The Hague now deals with other legal questions. Germany has raised a procedural objection and the proceedings are therefore currently in an intermediate stage. Essentially, the federal government is likely to argue that Nicaragua's lawsuit should be dismissed simply because the court is negotiating Israel's behavior without Israel's participation. Germany had already put forward the argument in the expedited procedure.

The outcome of the proceedings depends largely on whether Israel commits genocide in the Gaza Strip. Without such a main crime, Germany could not have provided aid. The judges in The Hague have not yet decided on the genocide charge itself. He is the subject of a case that South Africa is currently conducting against Israel. From a German perspective, Israel is seen as an “indispensable third party” – a state without whose participation the case cannot be heard.

This Monday, the federal government will first present its arguments in the Peace Palace in The Hague; on Tuesday it will be Nicaragua's turn. On Wednesday and Thursday both parties will have the opportunity to respond to the other side's statements. The court then withdraws to deliberate. It can take months for a decision to be made.

Helmut Aust, director at the Max Planck Institute for Comparative Public Law and International Law, does not expect a decision before the beginning of 2027. Essentially two scenarios are conceivable: Either the court follows the German argument and ends the proceedings, for example because Israel should have been involved. Or it rejects Germany's objection and allows the proceedings to move from the interim stage to the regular main proceedings. Only then would the court examine the content of whether Germany actually aided and abetted a genocide.

“In this case, it may take several years for the court to make a final decision,” said Aust to the F.A.Z. A verdict could not be made until 2030. “For those who were hoping for a quick clarification, this is of course a bitter disappointment.”

It is noteworthy that Nicaragua filed the lawsuit even though it is not directly involved in the Middle East conflict. However, the country has already filed and won several high-profile lawsuits at the World Court of Justice. Nicaragua also sees itself as a champion of the Palestinian cause. Observers also suspect the influence of Russia, with which the government has close relations, behind the lawsuit. Russian President Vladimir Putin could want to put pressure on Germany and weaken Western support for the International Court of Justice.

Regardless of when and with what result the process ends legally: its diplomatic implications are already significant. The German mass atrocities in the Second World War were once the reason for the adoption of the Genocide Convention. Today, Germany is one of the staunchest defenders of the rules-based order. A fundamental conflict in German foreign policy comes to light in The Hague: Israel's security as part of its raison d'être and the question of where its borders lie if it possibly comes into conflict with international law.