THE HAGUE: Preliminary hearings are set to commence Monday at the International Court of Justice, the United Nations’ highest judicial body, in a case seeking an end to German military and other aid to Israel. The case is based on claims that Berlin is “facilitating” acts of genocide and breaches of international law in Israel’s conflict with Gaza.
Israel strongly refutes the accusation that its military campaign constitutes breaches of the Genocide Convention.
Though the case, brought by Nicaragua, focuses on Germany, it indirectly addresses Israel’s extensive military campaign in Gaza, which, according to the territory’s health ministry, left more than 33,000 Palestinians, mostly women and children, dead in six months.
“We are prepared and will present our legal position in court,” stated German Foreign Ministry spokesperson Sebastian Fischer ahead of the hearings. “We reject Nicaragua’s allegations. Germany has not violated the genocide convention or international humanitarian law, and we will explain this in detail to the International Court of Justice.”
Nicaragua has requested the court to issue preliminary orders, known as provisional measures, which include Germany immediately suspending its aid to Israel, particularly military assistance, including military equipment, if such aid could be used to violate the Genocide Convention and international law.
The court is expected to take several weeks to deliver its preliminary decision, and Nicaragua’s case is likely to extend over several years.
Monday’s hearing at the International Court of Justice coincides with mounting calls for allies to cease supplying arms to Israel amidst the ongoing bombardment of Gaza.
The offensive has displaced the majority of Gaza’s population of over 2 million, leading to severe food scarcity and an imminent famine, according to the United Nations. Additionally, few Palestinians have been able to leave the besieged territory, resulting in some starving to death.
“The upcoming case in The Hague is likely to further energize opposition to any form of support for Israel,” remarked Mary Ellen O’Connell, a professor of law and international peace studies at the University of Notre Dame.
Furthermore, in response to the deaths of three UK citizens among seven aid workers killed in Israeli strikes, hundreds of British jurists, including three retired Supreme Court judges, have urged the government to halt arms sales to Israel.
Germany has long been a steadfast supporter of Israel, citing its historical responsibility stemming from the Holocaust. However, Chancellor Olaf Scholz has voiced growing concerns about civilian casualties in Gaza and has spoken against a ground offensive in Rafah.
In January, the International Court of Justice issued provisional measures ordering Israel to take steps to prevent death, destruction, and acts of genocide in Gaza, in response to a case filed by South Africa alleging Israel’s breach of the Genocide Convention.
Last week, the court further directed Israel to improve the humanitarian situation in Gaza, including opening more land crossings to facilitate the entry of food, water, fuel, and other supplies.
