ICJ to hear against Germany for 'facilitating' Israel's genocide in Gaza

Preliminary hearings open Monday at the United Nations’ top court in a case that seeks an end to German military and other aid to Israel, based on claims that Berlin is “facilitating” acts of genocide and breaches of international law in Israel's war on Gaza.

While the case brought by Nicaragua centres on Germany, it indirectly takes aim at Israel's war in Gaza.

“We are calm and we will set out our legal position in court,” German Foreign Ministry spokesperson Sebastian Fischer said ahead of the hearings.

“We reject Nicaragua’s accusations,” Fischer told reporters in Berlin on Friday. “Germany has breached neither the genocide convention nor international humanitarian law, and we will set this out in detail before the International Court of Justice.”

Nicaragua has asked the court to hand down preliminary orders known as provisional measures, including that Germany “immediately suspend its aid to Israel, in particular, its military assistance including military equipment in so far as this aid may be used in the violation of the Genocide Convention” and international law.

'Stop supplying arms to Israel'

The court will likely take weeks to deliver its preliminary decision and Nicaragua's case will likely drag on for years.

Monday’s hearing at the world court comes amid growing calls for allies to stop supplying arms to Israel as its six-month offensive continues to lay waste to Gaza.

The offensive has displaced the vast majority of Gaza’s population. Food is scarce, the UN says famine is approaching and few Palestinians have been able to leave the besieged territory.

“The case next week in The Hague will likely further galvanize opposition to any support for Israel,” said Mary Ellen O’Connell, a professor of law and international peace studies at the University of Notre Dame.

On Friday, the UN’s top human rights body called on countries to stop selling or shipping weapons to Israel. The United States and Germany opposed the resolution.

Also, hundreds of British jurists, including three retired Supreme Court judges, have called on their government to suspend arms sales to Israel after three UK citizens were among seven aid workers from the charity World Central Kitchen killed in Israeli strikes. Israel said the attack on the aid workers was a mistake caused by “misidentification.”

Germany has for decades been a staunch supporter of Israel. Days after the Oct. 7 attack, Chancellor Olaf Scholz explained why: “Our own history, our responsibility arising from the Holocaust, makes it a perpetual task for us to stand up for the security of the state of Israel,” he told lawmakers.

Berlin, however, has gradually shifted its tone as civilian casualties in Gaza have soared, becoming slowly critical of the humanitarian situation in Gaza and speaking out against a ground offensive in Rafah.

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Source: TRT