‘Nicaragua vs Germany’ – ICJ Rules against Imposing Measures over Arms Sales to Israel

The International Court of Justice. (Photo: video grab)

By Palestine Chronicle Staff  

By fifteen votes to one, the World Court ruled that the legal conditions for granting such an order were not met. The court, however, declined “Germany’s request that the case be removed.”

The International Court of Justice has decided not to impose provisional measures requested by Nicaragua against Germany over its support for Israel’s ongoing genocidal war on the Gaza Strip. By fifteen votes to one, the World Court ruled on Tuesday that the legal conditions for granting such an order were not met.

“Based on the factual information and legal arguments presented by the Parties, the Court concludes that, at present, the circumstances are not such as to require the exercise of its power under Article 41 of the Statute to indicate provisional measures,” Nawaf Salam, the court’s Presiding Judge read from the judgment.

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Nicaragua filed its case against Germany last month, alleging violations of the Convention on the Prevention and Punishment of Crime of Genocide. The South American country said Berlin provided political, financial, and military support to Israel knowing that it would be used to commit “serious violations of international law.”

It requested that the ICJ impose measures against Germany, including that it “immediately” suspend its weapons deliveries to Israel.

‘War Weapons’

The Court noted that “since 7 October 2023, according to Germany, only four licenses for ‘war weapons’ have been granted: two for training ammunition, one for propellant charges for test purposes, and one concerned the export of 3,000 portable anti-tank weapons.”

It also said: “Finally, the Court takes note of Germany’s statement that 98 per cent of the licenses granted since 7 October 2023 concerned ‘other military equipment’ and not ‘war weapons’.”

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Judge Salam said that “the Court remains deeply concerned about the catastrophic living conditions of the Palestinians in the Gaza Strip, in particular in view of the prolonged and widespread deprivation of food and other basic necessities to which they have been subjected, as acknowledged by the Court in its Order of 28 March 2024.”

‘Unhindered’ Aid

The Court had ordered Israel last month to allow the “unhindered provision” of aid to Gaza, following an urgent request for additional provisional measures filed by South Africa.

“Moreover, the Court considers it particularly important to remind all States of their international obligations relating to the transfer of arms to parties to an armed conflict, in order to avoid the risk that such arms might be used to violate the above-mentioned Conventions,” Judge Salam stated. “All these obligations are incumbent upon Germany as a State party to the said Conventions in its supply of arms to Israel.”

The court, however, declined “Germany’s request that the case be removed.”

“In the present case, there being no manifest lack of jurisdiction, the Court cannot accede to Germany’s request,” the Court stated.

Berlin Welcomes Ruling

Germany remains one of the staunchest supporters of Israel’s military assault on the Gaza Strip, as well as one of Tel Aviv’s biggest arms suppliers.

The German Foreign Office welcomed the court ruling stating on X “No one is above the law. This guides our actions.”

The Foreign Office further said Germany “is not a party to the conflict in the Middle East – on the contrary: We are committed day and night to a #TwoStateSolution.”

Over 34,000 Killed

Currently on trial before the International Court of Justice for genocide against Palestinians, Israel has been waging a devastating war on Gaza since October 7.

According to Gaza’s Ministry of Health, 34,535 Palestinians have been killed, and 77,704 wounded in Israel’s ongoing genocide in Gaza starting on October 7.

Moreover, at least 7,000 people are unaccounted for, presumed dead under the rubble of their homes throughout the Strip.

Palestinian and international organizations say that the majority of those killed and wounded are women and children.

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The Israeli war has resulted in an acute famine, mostly in northern Gaza, resulting in the death of many Palestinians, mostly children.

The Israeli aggression has also resulted in the forceful displacement of nearly two million people from all over the Gaza Strip, with the vast majority of the displaced forced into the densely crowded southern city of Rafah near the border with Egypt – in what has become Palestine’s largest mass exodus since the 1948 Nakba.

Israel says that 1,200 soldiers and civilians were killed during the Al-Aqsa Flood Operation on October 7. Israeli media published reports suggesting that many Israelis were killed on that day by ‘friendly fire’.

(The Palestine Chronicle)

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