The question of arms deliveries to Israel before the International Court of Justice

The judges of the International Court of Justice (ICJ) are once again confronted with the war in Gaza. Nicaragua accuses Germany of “plausible complicity” in genocide for supplying weapons to Israel and asks the Court to order emergency measures. Hearings are scheduled for Monday April 8 and Tuesday April 9 at the Peace Palace in The Hague.

This photo distributed by the Israeli military on December 19, 2023 shows a soldier operating as smoke billows in the Gaza Strip, amid ongoing fighting between Israel and the Palestinian militant group Hamas. © Israel Defense Force / Reuters

By: Stéphanie Maupas Follow

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From our correspondent in The Hague,

At the beginning of January, South Africa confronted

Israel

on the issue of genocide. Nicaragua this time accuses Germany of “complicity” in this alleged genocide. In a petition filed before the International Court of Justice (ICJ) on March 15, Nicaragua claims that Germany

"

not 

only failed in its obligation to prevent genocide

 " in

Gaza

, but " 

contributed to the commission of genocide

 " . Managua considers it " 

plausible

 " that Germany's military support for Israel could contribute to violations of international humanitarian law including genocide, the Geneva conventions, and the norms of international law on apartheid and the right to self-determination Palestinians. On January 26, in the case between South Africa and Israel, the judges of the World Court found that there is a “ 

plausible risk 

” of genocide against the Palestinians in Gaza, and ordered Israel to take measures urgently, in particular not to commit genocidal acts.

The end of arms deliveries

Nicaragua

also considers the situation " 

urgent 

" and invites the judges to order Germany to " 

immediately suspend its aid to Israel, in particular its military assistance, including military equipment  ",

and

to also ensure that weapons already delivered will not be used to commit crimes against humanity or war crimes, and to review its decision to stop its participation in the budget of UNRWA

,

the UN agency for Palestinian refugees. Like several Western states, Germany suspended its participation in the UNRWA budget on January 27, the day after the ICJ's first order against Israel. Among other measures, they ordered the Jewish state to allow Gazans access to humanitarian aid. But based solely on allegations from Benjamin Netanyahu's government, which accused several UNRWA employees of participating in the October 7 attack by Hamas and affiliated groups in southern Israel - an attack that left 1,170 dead and the taking hostage of some 230 people - several States suspended their funding, endangering the agency in charge of all logistics of the enclave, and in defiance of the decision rendered by the World Court.

According to Nicaragua, “

 military equipment provided by Germany enables Israel to carry out genocidal acts and other atrocities

 .” Berlin is Israel's second largest arms supplier after Washington. According to a report published on April 2 by Forensis, a Berlin-based NGO, the German Ministry of Commerce validated, in 2023, 308 individual export licenses for weapons and military equipment, with a total value of more than 326 million euros. In 2023, the country delivered 47% of Israel's conventional weapons, and the United States, 53%. For Managua, “ 

Germany provided political, financial and military support to Israel in full conscience, knowing that at that time military equipment would be used in the commission of serious violations of international law

(…)

and in contempt of its own obligations

 .

Reason of State

Relations between Berlin and the authoritarian regime of President Daniel Ortega had not been good for a long time. Prosecuting Germany for “complicity in genocide” obviously takes on particular resonance in light of the history of the Nazi regime and the extermination of Jews during the Second World War. In its 43-page request, Nicaragua says it understands “ 

that Israel must react to protect its citizens 

” and considers it “ 

understandable that states like Germany, a friend of Israel, support an appropriate reaction to this attack

 .” But this does not involve violating international law, lawyers for the small Central American state say.

Nicaragua recalls in particular the speech by Chancellor Olaf Scholz on October 12 before the Bundestag. While the violence of Israeli reprisals aroused the first concerns, he affirmed, as Angela Merkel had done before him, that "Israel's security is a reason of state" of Germany and announced that Berlin's cooperation for the development of the Palestinian territories were suspended while an audit was conducted. Germany cannot, however, ignore the situation, believes Managua because “

 the assault on Gaza was broadcast live all around the world and the international community witnessed in real time the murders of civilians and collective punishments 

”.

Legal safeguards

If Nicaragua attacks Germany, which only has second place in arms supplies to Israel, it is because the United States has long erected legal safeguards to protect itself from any charge. Washington has not given automatic jurisdiction to the Court, unlike Germany. To open proceedings against the United States, other countries must therefore rely on a treaty or convention which refers to the

International Court of Justice

in the event of disputes. This is the case of the Genocide Convention. But if the United States ratified it, they did so on the condition that the clause referring to the ICJ did not apply to them. Other states, such as China, have expressed similar reservations.

The hearings open in The Hague as the attack on a convoy of the NGO World Central Kitchen on April 1, causing the death of seven humanitarian workers, sparked numerous protests and called into question arms deliveries. Since Israel's first retaliation six months ago, several countries, such as Belgium, Japan, the Netherlands and Canada, have announced the suspension of their military support to Israel, either following a judicial decision , a parliamentary motion and protests from civil society.

Nicaragua's complaint seen from Berlin

Germany is the second largest arms supplier to Israel, far behind the United States. Berlin's support for the Jewish state is increasingly contested internationally. Germany delivered 326 million euros worth of military equipment to Israel last year, mainly defense equipment, reports our correspondent in Berlin,

Nathalie Versieux

.

This is one of the arguments that German diplomats will put forward before the Hague tribunal. Even if last year, 3,000 portable rocket launchers, or even 500,000 munitions were also sent to Israel, weapons with a total value of 20 million euros. Deliberations will take place today and tomorrow.

Legal experts do not expect the court to bar Germany from selling arms to Israel. But Berlin will find it difficult to completely ignore the international pressure surrounding this complaint. Especially since German opinion is also changing: only 17% of them still support the operation in Gaza, compared to more than 50% in the fall. Already, deliveries of military equipment to Israel have declined since the start of the year.

Read alsoGaza: six months later, a breach in Joe Biden's policy of unconditional support for Israel

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