“With respect to these obligations, there are no third states. Germany has violated these obligations imposed on all states.”
Nicaragua presented its case before the International Court of Justice (ICJ) on Monday, calling for emergency measures to stop Berlin from providing Israel with weapons and other forms of support.
Nicaragua has accused Germany of violating the obligations of all states to prevent breaches of international law in its support of Israel’s ongoing onslaught on the Gaza Strip.
In the opening statement, the Nicaraguan Ambassador to the Netherlands Carlos Jose Arguello Gomez, explained that “Serious breaches of international humanitarian law … including genocide are taking place in Palestine,” and are “being committed openly.”
“When a situation of this nature occurs or is in danger of occurring, the obligations for all states are clear…not only states must not abet the situation by aiding or assisting the perpetrator, but they must use their best efforts to ….prevent their breaches,” he said.
Nicaragua at the ICJ: "The Palestinian people have the right to self determination. That means they have the right to take up arms against alien occupation." pic.twitter.com/dI10592hfu
— Quds News Network (@QudsNen) April 8, 2024
Gomez stressed that with respect to these obligations, “there are no third states, all states are under the obligation to respect them.”
“Germany has violated these obligations imposed on all states,” the ambassador said.
The ambassador pointed out that following the ICJ’s ruling on January 26 it is plausible that Israel may be committing acts of genocide in Gaza, Germany had an obligation to stop abetting Tel Aviv.
“The obligation to prevent genocide arises once it becomes clear that genocide is being committed,” said Gomez.
Germany, however, “continues to this day to provide military assistance to Israel.”
Nicaragua, he further stated, is requesting that the UN court order Germany to cease providing support to Israel “in its campaign of destruction of the Palestinian people.”
The legal representative for Nicaragua at the ICJ showing that despite senior German government officials recognizing concerns regarding Israel's compliance with international law, Germany continues in exporting weapons and military equipment to Israel that could potentially be… pic.twitter.com/ZIyMZHZbqb
— PALESTINE ONLINE 🇵🇸 (@OnlinePalEng) April 8, 2024
UNRWA Funding
Legal expert, Daniel Muller, said Nicaragua wants Berlin to stop providing arms to Israel and reverse its decision to suspend funds to the UN Relief and Works Agency (UNRWA).
“To put it simply, the highest German officials have recognized that the situation in Gaza raises doubts about the respect of elementary rules of international law and that these questions need to be addressed,” Muller said.
“Yet, while we speak, the export of German weapons and military equipment to Israel likely to be used to commit these grave violations of international law is continuing.”
Germany’s halt of UNRWA funding, he said, had jeopardized a “vital” means of aid for Palestinians.
The legal team representing Nicaragua in its ICJ case against Germany for 'facilitating Gaza genocide' is referencing the recent report of UN Special Rapporteur Francesca Albanese, in which she stated that there are reasonable grounds to believe Israel has committed a genocide in… pic.twitter.com/789acyvXRB
— PALESTINE ONLINE 🇵🇸 (@OnlinePalEng) April 8, 2024
‘Complicity’
French lawyer Alain Pellet said Germany is “only responsible through its own breaches of its own international obligations linked to this horrific situation” in Gaza.
“And (Germany) is responsible to the extent that these breaches have made possible or facilitated these grave violations of general international legal norms directed at the Palestinian people, not only in the Gaza Strip but also in the occupied territories and in Israel itself.”
“It is this that justifies both Nicaragua’s application addressed at Germany and also the request for provisional measures,” he added.
Pellet anticipated a “Pontius Pilate-like” stance from Germany in its defence, an “it wasn’t me, Mr President” approach, that Berlin itself was not committing any genocidal acts in Gaza or was directly involved in the war.
BREAKING: NICARAGUA PRESENTS ITS CASE AT THE ICJ
Nicaragua's trial against Germany began at the ICJ today.
“The Palestinian people have the right to self-determination. That means they have the right to take up arms against alien occupation”
Nicaragua's lawsuit calls on… pic.twitter.com/fs8Te721Fo
— Khalissee (@Kahlissee) April 8, 2024
The lawyer highlighted Article 3 under the UN’s Genocide Convention, which outlines “complicity in genocide” as a punishable act.
“Germany was aware and continues to be aware of the risk of the weapons they are furnishing could be used by Israel to commit genocide against the Palestinians,” he said.
“It is extremely urgent that Germany suspend its aid they are supplying to Israel to this end. This aid and assistance are straight from the definition of ‘complicity’ set out in Article 3,” Pellet added.
Supplies ‘Crucial’
Ambassador Gomez concluded the presentation by saying that “Germany cannot but be aware that the munitions, the military equipment, and the war weapons it is supplying” to Israel are supporting the attack on Gaza.
“It does not matter if an artillery shell is delivered straight from Germany to an Israeli tank shelling a hospital or university, or whether that artillery shell goes to replenish Israel’s stockpile for use at some later date,” the ambassador stated.
Nicaragua Sues Germany at ICJ over Support to Israel – BREAKING
“It doesn’t matter whether the planes used in combat to drop one-ton bombs (on Gaza’s population) were made entirely in Germany, or just their spare parts and maintenance were supplied,” Gomez continued.
“The fact is that the assurance of supplies and replacement of armaments is crucial to Israel’s pursuit of the attacks in Gaza.”
Monday’s proceedings come after Nicaragua filed a lawsuit last month accusing Germany of providing political, financial, and military support to Israel knowing that it would be used to commit “serious violations of international law.”
Germany will present its case on Tuesday.
Over 33,000 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, 33,207 Palestinians have been killed, and 75,933 wounded in Israel’s ongoing genocide in the enclave.
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.
‘We Are Repulsed’ – Ireland’s Fine Gael Leader Slams Israel’s Actions in Gaza
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)
Why all the eyes call on Germany I do not say they are not guilty but the most and biggest arm supplier is the Biggest American terrorist who is clearly say Israeli does not do nothing at all and let them kill more. Americans are the biggest problem because of they are supporting of those Israeli. They are killing a lot of innocent people because of there thirsty of bloody to kill the Arab and Muslims world and say they are terrorist. And they laugh after because they are the one are biggest terrorist making people stupid and also killing them at the same time.
Not only that, but the USA has controlled Germany since 1945 and forces it to support Israel, so the idea that Germany can do and is doing this on its own accord comes off as naive if it conveniently omits the USA’s stranglehold on German policy.