Nicaragua has taken Germany to the International Court of Justice, accusing it of aiding and abetting what it describes as Israel’s genocidal actions in Gaza. This case, initiated on 1 March 2024, underscores a significant escalation in the international legal battle over the responsibilities of states in foreign conflicts.
Nicaragua has formally accused Germany of complicity in genocide, based on Berlin’s military and financial support to Israel amid the ongoing conflict in Gaza. In its application to the ICJ, Nicaragua alleges that Germany’s actions have breached obligations under the Genocide Convention, particularly pointing to “the obligations provided in Article I by failing to prevent the ongoing genocide against the Palestinian People, in particular Gazans,” and by supporting Israel with military equipment and financial assistance, further exacerbating the humanitarian crisis in Gaza.
The Central American country’s legal challenge is not only about the immediate cessation of German support to Israel but also calls for a reversal of Berlin’s decision to cut funding to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), a critical lifeline for millions of Palestinians. Nicaragua’s plea to the court highlights the dire consequences of Germany’s actions, arguing that they “amount to the collective punishment of millions of Palestinians, in particular Gazans, as they will be condemned to famine, starvation and disease.”
Nicaragua’s application paints a harrowing picture of life in Gaza, emphasising the severe conditions based on reports from the UN. “The Secretary-General in 2021 described life in Gaza in these terms: ‘If there is a hell on earth it is the lives of children in Gaza.’ The latest military assault that began in October 2023 in the OPT particularly in Gaza is an ongoing situation that deteriorates daily,” it states.
As Nicaragua’s case against Germany unfolds at the ICJ, it mirrors a broader legal reckoning with Israel’s actions in Gaza, notably reflected in South Africa’s recent move. In December, South Africa initiated its own case at the ICJ, accusing Israel of “genocidal acts” in Gaza, a charge stemming from the devastating impact of military campaigns in the region. This legal action, underpinned by accusations of mass killings, especially of children, and widespread destruction, sought urgent “provisional measures” to halt further violence.
In response to South Africa’s application, the court mandated a series of provisional measures against Israel, encompassing six key directives. These included obligations for Israel to cease activities that could be construed as violations of the Genocide Convention, to actively prevent and sanction any direct and public calls to genocide, and to undertake immediate, substantial actions to guarantee the delivery of humanitarian aid to the civilian population in Gaza.
Importantly, the Court also required Israel to secure evidence potentially related to acts of genocide and to provide, within a one-month period, a comprehensive report detailing the actions undertaken in adherence to the court’s directives.
For Nicaragua’s application, the next steps involve the court setting a date for preliminary hearings, where both parties will have the opportunity to present their arguments. Given the gravity of the accusations and the potential implications for international law and state accountability, the proceedings are expected to attract significant global attention.
