Nicaragua goes to ICJ against the German government for its facilitation of Israel's genocide in the besieged Gaza
The International Court of Justice heard oral arguments from Nicaragua, which has brought a case against Germany alleging that in providing political, financial & military support to Israel, Germany is facilitating the commission of genocide & has failed in its obligation to prevent genocide.
Nicaragua also alleges Germany is facilitating Israel's serious breaches of IHL & other peremptory norms of general international law in Gaza, including Palestinians' right to self-determination and right to not be subjected to a regime of apartheid.
Nicaragua has requested provisional measures against Germany, including an order that Germany shall:
-- immediately suspend aid to Israel, in particular military assistance;
-- immediately make efforts to ensure that weapons already delivered are not used to facilitate genocide;
-- reverse its decision to defund UNRWA;
-- cooperate to bring to an end the serious breaches of peremptory norms of international law by ceasing support to Israel, including by supplying military equipment.
-- cooperate to bring to an end the serious breaches of peremptory norms of international law by ceasing support to Israel, including by supplying military equipment.
Nicaragua notes that it has special empathy for the Palestinian people, as it too has been subject to intervention and military attacks across its history. It addresses Germany's claim that assistance to Israel is its raison d'état due to its crimes against the Jewish people.
'This would be laudable if it were applied to the Jewish people & not the state of Israel. There is a less noble reality with a lucrative quid pro quo. German military companies are directly profiting from the war, as their share prices have increased in value since Oct 7.'
'Germany has also substantially increased joint development contracts with Israeli counterparts. In November it concluded a $3.6bn deal to acquire the Israel-made Arrow 3 missile defence system. This was the largest ever defence export deal for Israel.'
'The Israel defence minister called the sale "a moving event for every Jew". Israel proudly advertises its products as 'battle-tested.' The testing field is Palestine and its people, in particular in Gaza.'
'It is well settled that the acts of one state can generate independent legal obligations for third states. A state that aids or assists another state in the commission of an internationally wrongful act is responsible for doing so if it acts with knowledge of the circumstances.'
'When the responsibility arises from a breach of peremptory norms of international law, then the knowledge requirement is attenuated because the facts establishing violation are part of public knowledge that must be acted upon as soon as they become known.'
'From the first days of Israel's invasion of Gaza facts establishing violations of peremptory norms were evident. Even if genocidal intent was not yet evident, grievous violations of international humanitarian law were.'
Nicaragua notes, for example, that dropping 1 tonne bombs in densely inhabited areas is one such grievous violation of international humanitarian law.
Nicaragua notes that Germany continues to supply military weapons and other assistance to Israel despite the fact that it has been well aware since the ICJ's order of January 26 that there is at least a serious risk of genocide is being committed in Gaza.
Importantly, Nicaragua argues that even if genocide is not established, the obligations arising from serious violations of international humanitarian law stand alone. It says the Geneva Conventions create obligations erga omnes that can be claimed by Nicaragua against Germany.
Nicaragua says that the bottom line is that self-defence can never justify acts of genocide or other norms of international humanitarian law. It says that Israel appears unable to differentiate between self-defence and genocide.
Nicaragua says Germany cannot invoke the argument that Israel is facing an existential threat. Israel in the top 10% of the most militarily powerful states globally. It's per capita rate of military expenditure is greater than that of even the United States.
Nicaragua goes on to address aspects of the Oct 7 attacks that it says Germany hasn't taken into account. First, the Palestinian people's right to self-determination means they have the right to take up arms to resist alien occupation and the imposition of a racist regime.
Nicaragua notes that the right of resistance must be exercised in accordance with international humanitarian law, and any violations of these norms that occurred on Oct 7 are not justified by the right to resist but also do not extinguish the right to self-determination.
Nicaragua goes on to contextualize the Oct 7 attacks which it says did not happen in a vacuum and were not unprovoked, but were a response to the suffering of the Palestinian people over the last 75 years.
Nicaragua says that if the actions of Israel continue to receive the indiscriminate support of Germany and other states, then future generations of Palestinians will continue to rise up against it. It says this case is an opportunity to break the cycle of violence.
Nicaragua notes that the provisional measures ordered by the ICJ were aimed at ensuring the sheer existence and survival of the Palestinian people as a protected group. It notes that since these orders were issued "the nightmare is increasing every single day."
'The Palestinian people are subjected to the colonization of their territory, to racist violence that enables it, to the denial of their fundamental rights, to the most inhuman segregation & apartheid, to the negation of their very existence. Germany is aware of this situation.'
Nicaragua is describing Germany's 'raison d'état' of unconditional support to Israel and the political economy of this commitment. Germany is the second most important exporter of weapons to Israel, having approved >300m Euros in exports after war in Gaza started.
Nicaragua says this doesn't tell the full picture, which includes direct transfers from Germany. It notes that Mercedes is under contract with the IDF for the delivery of tank carriers.
Under European law applicable to Germany, export licenses must be denied if there is a "clear risk that the military technology or equipment to be exported might be used to commit serious violations of international humanitarian law."
Nicaragua notes that despite reports indicating the clear risk of serious violations of international humanitarian law in Gaza in 2023, Germany continued to represent itself as seeing no reason to doubt its compliance with the law on military exports.
Nicaragua argues that irrespective of Germany's assertions and the grave risk of serious violations in Gaza, recognized by the ICJ itself, Germany has not suspended its support.
Oddly, Nicaragua refers to the Canadian government as has having stopped approving exports of military equipment to Israel. This is only partially true, at best. The government has stopped approving "non-lethal" exports & approved permits remain intact.
Nicaragua says that highest German officials have recognized that Israel's compliance with international humanitarian law is in serious question, yet exports to Israel are continuing. It says German's provision of humanitarian aid to Gaza is a "pathetic excuse."
Nicaragua says that Germany knows that UNRWA is the backbone of the humanitarian aid system in Gaza & nevertheless suspended funding. This deprived the agency of $450m with no capacity to absorb the financial shock. This unjustified decision contributes to the suffering in Gaza.
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