German lawyer at ICJ: Germany ‘firmly rejects Nicaragua’s accusations’
Opening Germany’s defence at the ICJ in The Hague, German Foreign Office Legal Director-General Tania von Uslar-Gleichen says Nicaragua’s accusations against it are “one-sided” and “fail to appreciate both the facts and the law”. “Germany has always been an advocate for the promotion and strengthening of international humanitarian law and humanitarian principles,” said Uslar-Gleichen. “This also guides our response to the conflict at stake here [in Gaza]. Germany is doing its utmost to live up to its responsibility vis-a-vis both the Israeli and Palestinian people. Germany firmly rejects Nicaragua’s accusations.”
Germany’s legal representative Christian Tams, speaking at the ICJ, hit back at Nicaragua’s claims that Germany is violating the UN’s 1948 Genocide Convention by supplying Israel arms and “defunding” the UN agency for Palestinian refugees UNRWA.
Here are his key arguments so far:
- Germany’s defence cooperation with Israel is based on a robust legal framework that ensures compliance with international law. Since October 7, nearly all German military exports to Israel have been “defensive in nature”.
- Germany has demonstrated a commitment to supporting Palestinians from early on in the Gaza war, including by providing hundreds of millions of euros in humanitarian assistance to the occupied Palestinian territory.
- Germany has not defunded UNRWA, as Nicaragua claimed, but made a temporary decision not to approve further funds to the agency on January 27 after allegations against UNRWA members, which had no direct impact on the agency’s operations. Germany has since resumed funding for UNRWA operations in the occupied West Bank, Jordan, and elsewhere.
But not in Gaza, where the genocide is concentrated, which is what the case is about... Looks like an admission in aiding the deliberate starvation of 2.3 million people.
When you can't defend your actions, attack jurisdiction
Germany argues UN court lacks jurisdiction to rule on ‘provisional measures’
Samuel Wordsworth, counsel and advocate for Germany, argues the International Court of Justice cannot order any provisional measures against Germany because Nicaragua has not proven it even has jurisdiction in the case.
“Alleged violations of international law by Israel constitute the essential bedrock of Nicaragua’s application and request,” Wordsworth told the court. “Yet Nicaragua must establish that at least prima facie, the court is able to exercise jurisdiction, and it cannot do so, given the manifest absence of an indispensable third party, namely Israel.”
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“The situation in Gaza is unbearable,” acknowledged Germany’s legal expert Anne Peters. “Too many lives have been destroyed. Too many life plans shattered.” “We all want this to end, but this type of strategic litigation between proxies will not bring us closer to this goal.”
Ban on arm transfers will bring us closer to an end of the war, which is what Nicaragua is asking for.
It will likely take the court years to issue a final ruling on Nicaragua’s case against Germany that it is abetting acts of genocide in Gaza. However, the court is expected to decide whether to order provisional measures sought by Nicaragua within weeks.
These measures could include ordering Germany to:
- immediately suspend military assistance to Israel
- immediately ensure that military equipment, weapons, or other equipment used for military purposes already delivered to Israel are not being used to commit international law violations
- resume support and financing of UNRWA.
Lots more people complicit in genocide
Israel received upwards of $1.4bn in donations since October 7
Global donations to Israel during the Gaza war have exceeded $1.4bn, marking an “unprecedented effort by Jewish communities around the world to support Israel”, according to a report by Israel’s Diaspora Affairs Ministry.
The sum – about half of which came from the US-based Jewish Federations of North America and its partner organisations – is more than Israel received from American Jews following the Six-Day War in 1967, the report said.
Since October 7, Israel has spent tens of millions of dollars per day on the Gaza war with war-related costs estimated to run to as much as $55.6bn by 2025, according to the Bank of Israel.
