UN court rules German military aid to Israel can continue

The International Court of Justice (ICJ) delivered its preliminary ruling on Tuesday, saying it would not implement emergency measures to stop or limit Germany from providing weapons and other assistance to Israel for the conflict with militant-Islamist Hamas in Gaza. 

Nicaragua had brought the charges, claiming that Germany's actions breached the 1948 Genocide Convention by allowing violations of international humanitarian law in the Palestinian territory.

The broader case is likely to take far longer, but Tuesday's ruling means the court saw insufficient urgent imperative to try to intervene after a preliminary hearing.

The court did not, however, grant a German request to throw the case out altogether, saying it would continue.

Germany hails verdict and says it's 'not a party to the conflict'

Germany's Foreign Ministry was quick to react online, welcoming the ruling and also saying that "nobody is above the law" and that this notion "guides our actions." 

"Germany is not a party to the conflict in the Middle East — quite the contrary. We are working day and night towards a two-state solution. We are the biggest donors of humanitarian aid for Palestinians," the Ministry said. 

"But we do also see: the terrorism of October 7, against which Israel must defend itself, set this new spiral of suffering in motion," the ministry said, before noting how roughly 100 hostages remained in Hamas captivity more than half a year after their abduction. 

What did Nicaragua allege?

Nicaragua's ambassador to the Netherlands, Carlos Jose Arguello Gomez opened his country's case to the ICJ's 16-judge panel earlier this month.

"There can be no question that Germany ... was well aware, and is well aware, of at least the serious risk of genocide being committed," he said.

"Germany is failing to honor its own obligation to prevent genocide or to ensure respect of international humanitarian law."

Nicaragua — a country that has historic ties with the Palestinian people through migration — has requested several provisional measures against Germany.

They include that the country "immediately suspend its aid to Israel, in particular its military assistance including military equipment."

How did Germany respond?

The head of the German legal team, Tania von Uslar-Gleichen, told the panel that Nicaragua's claims "have no basis in fact or law."

"Where Germany has provided support to Israel, including in a form of export of arms and other military equipment, the quantity and purposes of these supplies have been grossly distorted by Nicaragua," von Uslar-Gleichen said.

"Our history is the reason why Israel's security has been at the core of Germany's foreign policy," she added, referring to Germany's role in the Holocaust.

Another of Germany's representatives, Christian Tams, told the court that 98% of arms exports to Israel since October 7 were general equipment like vests, helmets and binoculars. 

"The moment we look closely, Nicaragua's accusations fall apart," Tams told the court.

ICJ judges also noted when delivering their ruling how, "as stated by Germany," the volume of military exports to Israel had fallen markedly since November 2023.

The decision on Tuesday is only a preliminary one, and Nicaragua's case will likely drag on for years.

ICJ to rule on separate genocide allegation

The ICJ, which was set up to rule in disputes between nations, has emerged as an important forum for international arguments about the war between Israel and Hamas militants.

A separate case has seen South Africa accuse Israel of perpetrating genocide in Gaza, charges that Israel has strongly denied.

The ICJ made an interim ruling finding it "plausible" that Israel's acts could amount to acts of genocide against Palestinians in Gaza.

Israel's offensive has killed more than 34,500 Palestinians, mostly women and children, according to the Hamas-run territory's Health Ministry. Numbers provided by the ministry are generally seen as reliable by UN agencies.

The war has displaced about 80% of the population, with hundreds of thousands said to be on the brink of famine.

The Gaza war started when Hamas and other Islamist militants staged an attack on southern Israel and killed some 1,200 people, mostly civilians in the October 7 attacks. They also took another 250 hostages. 

Germany, the EU, the US, and others have designated Hamas as a terrorist group.

rc/wd (AFP, AP, dpa, Reuters)

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