Germany vehemently rejected Nicaragua's allegations that it is aiding Israel in its "genocide" in Gaza during hearings on Tuesday at the International Criminal Court in The Hague. In its appeal to the court, Nicaragua claimed that by continuing to supply Israel with weapons and other forms of assistance in the war against Hamas, Germany is violating the Geneva Convention.
Tania von Uslar-Gleichen, legal adviser for the German Foreign Ministry, told the International Court of Justice, or World Court, that Nicaragua's claim was based on flimsy evidence and should be thrown out for lack of jurisdiction.
Tuesday marked Nicaragua's second day of hearings, after the Latin American country requested the court to issue interim orders instructing Germany to cease its aid to Israel during Monday's hearing. Nicaragua claimed that, by providing such assistance, Germany is aiding genocide and violating international humanitarian law. According to foreign sources, Germany is one of the largest arms exporters to Israel, second only to the US., and that in 2023 it supplied military equipment to Israel worth 326.5 million euros.
Uslar-Gleichen emphasized that the entire arms export process undergoes meticulous scrutiny to ensure compliance with international law. She also said that, in addition to arms shipments to Israel, Germany is also the largest donor of humanitarian aid to the Palestinians. She added that Israeli security is a priority for Germany due to historical circumstances and Germany's responsibility for the Holocaust. "Germany has learned from its past, a past that includes the responsibility for one of the most horrific crimes in human history, the Shoah,"Uslar-Gleichen said, using the Hebrew word for Holocaust.
Germany's lawyer, Christian Tams, told the court that, since October 7, 98% of arms exports to Israel have been general equipment such as vests, helmets and binoculars. Of four cases where war weapons exports were approved, he said, three concerned arms unsuitable for use in combat and meant for training. He also presented the judges with a picture of German air-dropped humanitarian aid in the Gaza Strip, emphasizing that Berlin continues to provide daily humanitarian assistance to the Palestinians under difficult conditions.
Nicaragua's appeal against Germany follows other legal actions that international bodies have attempted to take against Israel concerning the war in Gaza, led by South Africa's lawsuit against Israel. While the ICJ did not reject South Africa's appeal, it concluded the allegations should be examined in depth, refraining from ordering the cessation of hostilities. The appeal against Germany comes at a time of increasing calls for Israel's allies to stop supplying it with weapons.
After Tuesday's hearing, Nicaraguan ambassador Carlos Arguello told journalists that the case at this preliminary stage did not hinge on the amount of Germany's military aid but simply its existence.
Samuel Wordsworth, another lawyer representing Germany, argued that the court cannot determine that Germany is failing to prevent genocide, because the judges have not concluded that Israel is failing to prevent genocide. The estimate is that it will take weeks for the court to begin discussions, and the hearings on Nicaragua's appeal against Germany will likely continue for years.