Germany faces ICJ hearing over Gaza arms exports as Nicaragua presses genocide case
The ICJ hears Germany's challenge to jurisdiction in Nicaragua's case alleging arms sales to Israel facilitate genocide in Gaza.
The International Court of Justice (ICJ) in The Hague is set to hear preliminary arguments on Monday in a case brought by Nicaragua, which accuses Germany of facilitating acts of genocide in Gaza through its military and arms support to Israel.
Nicaragua's filing alleges that Berlin has violated the 1948 Genocide Convention and international humanitarian law. While the proceedings name Germany as the respondent, the case indirectly scrutinises Israel's military campaign in Gaza, which was launched in response to the deadly October 7, 2023 attacks by Hamas. Israel, which is not a party to this specific case, has consistently denied that its actions amount to genocide.
Monday's hearing will focus on Germany's preliminary objection, which argues that the court lacks jurisdiction to hear the case. Berlin has dismissed Nicaragua's claims as having "no basis in fact or law," according to statements made by the head of its legal team in earlier proceedings.
Germany has been a longstanding and staunch supporter of Israel and is its second-largest arms supplier after the United States. While Berlin halted authorisations for exports of military equipment that could be used in Gaza last year, those restrictions were later lifted.
In 2024, the ICJ rejected an emergency request from Nicaragua to order Germany to halt such aid, but the 16-judge panel declined to dismiss the case entirely.
The case is the latest in a series of legal efforts targeting the conduct of the Gaza conflict. In a separate case filed by South Africa, the ICJ has already issued provisional orders directing Israel to prevent acts of genocide and to take measures to improve the humanitarian situation in Gaza, including opening additional land crossings for aid. South Africa has argued that Israel has largely ignored these orders.
A team of independent experts commissioned by the UN Human Rights Council and a leading professional body of genocide scholars have both concluded that Israel is violating the Genocide Convention, though only an international court can issue a binding legal determination.
ICJ proceedings are often lengthy. In the South Africa case, the court has set a November 2027 deadline for written pleadings, with hearings on the core question of whether genocide occurred unlikely before late 2029.
In related but separate proceedings at the International Criminal Court, arrest warrants have been issued for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. They face charges of crimes against humanity, including the alleged use of starvation as a method of warfare, which Israeli officials deny. The United States has responded to those warrants by imposing sanctions on senior ICC staff.