Germany has formally requested the International Court of Justice (ICJ) to dismiss a case filed by Nicaragua concerning the nation’s arms sales and military assistance to Israel. Nicaragua accuses Germany of breaching the Genocide Convention and international humanitarian law by allegedly facilitating genocidal actions in Gaza.

The proceedings are taking place at the ICJ in The Hague, centred on Germany’s role, while Israel’s military operations in Gaza remain a critical aspect of the allegations. During a court session on Monday, Germany’s chief legal representative, Julia Monar, contended that Nicaragua was not genuinely interested in discussing its claims with Germany but instead sought merely to present the country to the international court.

She asserted that Nicaragua failed to adequately inform the German authorities and initiated the case with less than a month’s notice. Antonios Tzanakopoulos, another lawyer representing Germany, highlighted that Nicaragua’s formal communication was sent via a Yahoo email address to a general inbox rather than through the appropriate diplomatic protocols, further questioning the legitimacy of the allegations.

Germany’s Position on Arms Exports

Germany has maintained strong support for Israel and ranks as its second-largest arms supplier, following the United States. Monar stated to the court that Germany adheres to international law in carefully regulating military equipment exports. She noted that since 2024, Germany has not approved the export of weapons designed for use in wartime to Israel specifically for the Gaza conflict.

In 2024, the ICJ had previously dismissed an emergency plea from Nicaragua, which sought to compel Germany to halt military and other forms of aid to Israel. However, at that time, the court did not reject the overall case, allowing it to proceed. The legal actions surrounding Israel’s ongoing military campaign in Gaza reflect an escalating series of international legal challenges.

A related case filed by South Africa in 2023 led to an ICJ ruling in January 2024, requiring Israel to take all possible measures to prevent death and destruction in Gaza. The court reiterated this mandate two months later, instructing Israel to improve humanitarian conditions by facilitating additional land crossings for essential supplies. South Africa’s government has claimed that Israel has largely disregarded these judicial orders.

Implications of Ongoing Legal Proceedings

Both the claims from South Africa and Nicaragua accuse Israel of violating the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, a treaty established post-Holocaust. Independent experts from the UN Human Rights Council and major genocide studies associations have suggested that Israel is allegedly breaching the treaty.

Nevertheless, only an international court can render a final legal judgement. Proceedings at the ICJ have usually extended over several years in the past. In May, the court afforded South Africa until November 2027 to submit written arguments, with Israel ordered to respond by May 2029. The hearings addressing whether Israel’s actions constitute genocide are not likely to occur any earlier than late 2029.

This follows a previous court determination in 2007, which found Serbia had violated its obligation to prevent genocide during the Srebrenica massacre. Additionally, the International Criminal Court in The Hague, which focuses on individual accountability rather than state actions, is also conducting separate investigations.

Israeli officials, including Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, face arrest warrants for alleged crimes against humanity associated with the conflict. They are accused of employing starvation as a warfare tactic by restricting humanitarian aid and deliberately targeting civilians, allegations they have denied. The United States has responded by imposing sanctions on several senior officials at the ICC.

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