ICJ rejects emergency measures over German arms exports to Israel

The International Court of Justice (ICJ) has ruled against issuing emergency measures to halt German arms exports to Israel amid the ongoing genocidal war in the besieged Gaza Strip.

The court ruled against the case filed by Nicaragua in a 15-1 vote on Tuesday, which accused Germany of supporting “genocide” against the people of Palestine in Gaza over its support for Israel.

Presiding Judge Nawaf Salam said the circumstances are not such as to require the court to exercise its power under the article 41 of the statute to issue emergency measures.

He said the court “remains deeply concerned about the catastrophic living conditions of the Palestinians in the Gaza Strip, in particular in view of the prolonged and widespread deprivation of food and other basic necessities to which they have been subjected.”

Salam said the court “considers it particularly important to remind all states of their international obligations relating to the transfer of arms to parties to an armed conflict, in order to avoid the risk that such arms might be used” to violate international law.

ICJ set to hear Nicaragua ‘genocide’ case against Germany for supporting Israel

The case next week in The Hague will likely further galvanize opposition to any support for Israel. 

Nicaragua brought the case against Germany in a two-day hearing earlier in the month, asking the court to hand down preliminary orders known as provisional measures, including that Berlin “immediately" suspend its military assistance to Israel that may be used in the violation of the Genocide Convention and international law.

Nicaragua argued that by giving Israel political, financial and military support and by defunding the United Nations aid agency for Palestinians, UNWRA, “Germany is facilitating the commission of genocide and, in any case, has failed in its obligation to do everything possible to prevent the commission of genocide.”

Germany has denied the accusations, arguing that Nicaragua’s case was rushed, based on flimsy evidence and should be thrown out for lack of jurisdiction. However, the judges at the UN top court did not grant a German request to throw out the case altogether, so it can continue hearing arguments from both sides.

Nicaragua's case was filed amid growing calls for US-led Western states to stop supplying arms to Israel.

Germany has been a staunch supporter of Israel for decades. The European country is a significant arms supplier to Israel, with a substantial contribution of €326.5 million ($353.70 million) worth of military equipment and weapons in the past year alone.

Germany's lethal arms exports to the occupied territories have seen a tenfold increase after Israel launched its war on Gaza on October 7, 2023, making it not only complicit but an active participant in the genocide unfolding in the besieged Palestinian territory.

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