Amidst international legal scrutiny, Germany is set to contest accusations at the United Nations’ International Court of Justice (ICJ) regarding its alleged role in facilitating acts of genocide in Gaza through military support to Israel. This case, initiated by Nicaragua, not only questions Germany’s actions but also indirectly challenges Israel’s military operations in response to the October 7, 2023, attacks by Hamas.
While Israel is not a direct participant in the proceedings, it vehemently denies any allegations of genocide. The latest hearing in The Hague will primarily focus on Germany’s challenge to the court’s jurisdiction in this matter.
The ongoing conflict has resulted in significant loss of life and devastation in Gaza. Despite a ceasefire brokered by the United States, sporadic violence continues, with over 1,300 Palestinians and five Israeli soldiers reported killed since its announcement.
Germany’s Role in Arms Supply to Israel
Germany, historically a strong ally of Israel, ranks as the second-largest arms supplier to the nation following the United States. Berlin refutes Nicaragua’s allegations, with Tania von Uslar-Gleichen, head of Germany’s legal team, stating that the claims “have no basis in fact or law.”
In the past year, Germany had temporarily halted the export of military equipment to Israel that could be deployed in Gaza, only to later lift these restrictions. In 2024, the ICJ dismissed Nicaragua’s request to immediately halt Germany’s military aid to Israel but allowed the case to proceed.
This legal challenge forms part of a broader effort by nations like South Africa, which has also accused Israel of genocide at the ICJ, to curb Israel’s military actions in Gaza. In early 2024, the ICJ had ordered Israel to take measures to prevent further destruction in Gaza and to improve humanitarian conditions, an order that South Africa asserts has largely been ignored by Israel.
Lengthy Legal Proceedings at the ICJ
Both the cases brought by Nicaragua and South Africa against Germany and Israel, respectively, cite violations of the 1948 Genocide Convention. An independent expert team and a major scholarly organization have concluded that Israel’s actions contravene the treaty, pending a legal ruling from an international court.
ICJ cases are notoriously protracted. For context, it took the court until 2007 to rule on Serbia’s involvement in the 1995 Srebrenica massacre. The current cases against Israel are unlikely to see hearings before 2029, as South Africa and Israel have deadlines extending into 2027 and 2029 for filing responses.
In a parallel legal arena, the International Criminal Court (ICC) has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, accusing them of crimes against humanity related to the Gaza conflict. The charges allege the use of starvation as a warfare method and intentional targeting of civilians, which Israeli officials deny. The United States has responded by sanctioning several ICC judges.
