Germany 'not facilitating' acts of genocide in Gaza

A PRO-PALESTINIAN activist works on a protest poster near the International Court of Justice, or World Court, in The Hague, Netherlands, Monday, April 8, 2024, prior to the start of a two-day hearing in a case brought by Nicaragua accusing Germany of breaching the genocide convention by providing arms and support to Israel. /
A PRO-PALESTINIAN activist works on a protest poster near the International Court of Justice, or World Court, in The Hague, Netherlands, Monday, April 8, 2024, prior to the start of a two-day hearing in a case brought by Nicaragua accusing Germany of breaching the genocide convention by providing arms and support to Israel. / AP

THE HAGUE, Netherlands — Germany on Tuesday strongly rejected a case brought by Nicaragua at the United Nations’ top court accusing Berlin of facilitating breaches of the Geneva Convention and international humanitarian law by providing arms and other support to Israel in its deadly assault on Gaza.

“The minute we look closely, Nicaragua’s accusations fall apart,” Christian Tams, a member of Germany’s legal team, told the 16-judge panel at the International Court of Justice.

On Monday, Nicaragua urged judges to order a halt to German military aid to Israel, arguing that Berlin’s support enables acts of genocide and breaches of international humanitarian law in Gaza.

‘No basis’

The head of Germany’s legal team, Tania von Uslar-Gleichen, said Nicaragua’s claims “have no basis in fact or law. They are dependent on an assessment of conduct by Israel, not a party to these proceedings.”

Preliminary hearings held Monday and Tuesday are focused solely on Nicaragua’s request for so-called provisional measures, including a court order for Berlin to halt military and other aid to Israel and reinstate funding to the U.N. aid agency in Gaza.

Closing Germany’s arguments, Von Uslar-Gleichen urged judges not to impose preliminary measures and to toss out Nicaragua’s case.

Tams said Germany had licensed only four exports of weapons of war to Israel since October, “three of which concern test or practice equipment.” He said 98 percent of military exports to Israel since the Oct. 7 attacks were not weapons of war, but other equipment.

Showing judges a photo of German aid being airdropped over Gaza, Tams added that Berlin continues to provide humanitarian support to Palestinians “every single day under extremely difficult conditions, constructively engaging with international partners.”

Nicaragua’s case is the latest legal attempt to rein in Israel’s offensive by a country with historic ties to the Palestinian people, after South Africa accused Israel of genocide at the same court late last year. It also comes against a backdrop of growing calls for Israel’s allies to stop supplying the country with weapons — and as some supporters, including Germany, have grown more critical of the war.

Speaking in Berlin, German Foreign Minister Annalena Baerbock told reporters that “from day one after Oct. 7, Germany has faced up to the incredible dilemma that Hamas deliberately entrenched itself behind civilians, deliberately used the human suffering of Palestinians and Palestinians in Gaza to expand its attack on Israel.” / AP

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