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This Tuesday, April 9, Germany strongly rejected the case brought against it by Nicaragua before the International Court of Justice (ICJ), in which it accuses Berlin of “complicity” in violations of the Geneva Convention, the Genocide Convention. and International Humanitarian Law, for providing weapons and other support to Israel in its ongoing deadly attacks on the Gaza Strip. Although Germany has stood out as one of the main suppliers of weapons to Israel, the accused party assured that since the beginning of the ongoing escalation, 98% of military exports to the Jewish-majority state have been non-lethal equipment. Berlin accused Managua of not recognizing Israel's right to exist and asked judges to dismiss the lawsuit.
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The turn this April 9 was for Germany's legal team, which before the International Court of Justice (ICJ) rejected being “complicit in genocide” for providing weapons to the Israeli Army in the midst of the war in Gaza.
Nicaragua's claims “have no basis in fact or law. “They depend on an evaluation of the conduct of Israel, which is not a party to this procedure,” said the head of the Berlin legal team, Tania von Uslar-Gleichen, before the United Nations high court.
These statements come after on Monday, April 8, the accusing party presented its arguments in the lawsuit before the court based in The Hague, Netherlands.
Nicaragua accuses Germany of violate the Genocide Convention of 1948 for providing weapons to the Israeli Army, in support of hostilities in the Palestinian enclave. Therefore, Managua asked the ICC to impose preliminary measures to stop the delivery of weapons from Germany to Israel.
Berlin has stood out as one of the main arms exporters to Israel, with a shipment of 326.5 million euros ($353.70 million) in military equipment and weapons in 2023, according to data from the Ministry of Economy.
However, before the panel of 16 judges of the high court, Christian Tams, a member of the defense legal team, argued that Germany has only authorized four exports of war weapons to Israel since last October“three of which refer to test or practice equipment.”
These are, according to the accused party, weapons not suitable for use in combat and, instead, intended to be used in training exercises.
Likewise, Tams pointed out that 98% of military exports to Israel, since the surprise attack by Hamas on October 7, They were not weapons of war, but rather other non-lethal equipment, such as vests, helmets and binoculars.
Tania von Uslar-Gleichen, who also serves as legal advisor to the German Foreign Ministry, told the judges that the Nicaragua case was “rushed” and based on “flimsy” evidence.
The Nicaraguan authorities insist that the European country has violated International Humanitarian Law by continuing to supply weapons to Israel, even knowing that there was a “risk of genocide”, since they remember that on January 26 the ICJ ordered the Government of Benjamin Netanyahu take all necessary measures to “prevent acts of genocide.”
On Monday, before the court, the Nicaraguan ambassador, Carlos José Argüello Gómez, also stressed that according to the treaty on genocide, the signatory states, such as Germany, have the duty to prevent this type of crime.
Germany underlines its duty to defend Israel for the “responsibility derived from the Holocaust”
In presenting their defense arguments, German lawyers accused Nicaragua of “denying” Israel's right to exist.
Berlin highlighted that in the sixth section of Managua's request – which asked the court for precautionary measures to stop the German supply of weapons to Israel – the Latin American country stated that “Palestinian paramilitary forces from Hamas attacked Israeli settlements located in the Palestinian territories.” occupied Sderot, Kfar Azza, Nir Oz and Be'eri.”
A position strongly rejected by Berlin, which defended Israeli sovereignty. “Germany firmly rejects this notion (…) These attacks targeted communities located within Israel's borders. Not in Gaza, but in the State of Israel,” declared Uslar-Gleichen.
Germany's representative at the International Court of Justice (ICJ) said on Tuesday that Germany puts Israel's security at the “core” of its foreign policy, because it “learnt from its past”, which includes its responsibility for the Holocaust. pic.twitter.com/U30r4qaPs9
— Middle East Eye (@MiddleEastEye) April 9, 2024
In this sense, the German side highlighted a speech by the German Chancellor, Olaf Scholz, in which he highlighted that His nation is “guided” by its “responsibility arising from the Holocaust” and its “permanent duty to defend the existence and security of the State of Israel.”
“This responsibility must continue to guide us because Israel's right to exist continues to be denied. In fact, he refuses in Nicaragua's request, in the section dedicated to the Hamas massacre of October 7. According to Nicaragua, these attacks were directed against 'settlements located in the occupied Palestinian territories,'” Uslar-Gleichen insisted.
Israel claims that its war is directed at Hamas militants and not against Palestinian civilians, but most of the more than 33,300 fatalities recorded so far are civilians and 40% of the dead are children, according to figures released by the Gaza Ministry of Health.
Read alsoGaza: six months of death, destruction and hunger
The ICJ is expected to issue provisional measures on the case presented by Nicaragua in the coming weeks. However, a final ruling could take years and the court has no power to enforce it.
With Reuters, AP and EFE
