UN Court Rejects Nicaragua's Request to Halt Germany's Aid to Israel, Citing Insufficient Grounds

The International Court of Justice (ICJ) on Tuesday denied Nicaragua's request for an order against Germany to cease military and other assistance to Israel. The court ruled against the request, stating that the legal grounds for such an order were not met.

The International Court of Justice (ICJ) on Tuesday rejected a request by Nicaragua for an order against Germany to cease military and other assistance to Israel. The court ruled against the request, stating that the legal grounds for such an order were not met.

Nicaragua, a longstanding ally of the Palestinians, alleges that Germany is enabling genocide by sending arms and other support to Israel. The head of Nicaragua's legal team, Carlos Jose Argüello Gómez, told reporters at the court that his country would press ahead with its legal arguments.

However, the 16-judge panel declined to throw out the case altogether, as Germany had requested. The court will still hear arguments from both sides on the merits of Nicaragua’s case, which alleges that, by giving support to Israel, Germany failed to prevent genocide in Gaza. The case will likely take months or years.

The court's president, Nawaf Salam, said that the ICJ "remains deeply concerned about the catastrophic living conditions of the Palestinians in the Gaza Strip." He added that 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.

Germany welcomed the ruling, saying that it is not a party to the conflict in the Middle East and that it works for a two-state solution. The German Foreign Office also noted that Israel has the right to defend itself.

Israel, which isn't a party to the case between Nicaragua and Germany, strongly denies that its assault on Gaza amounts to acts of genocide.

Nicaragua’s case is the latest legal bid by a country with historic ties to the Palestinian people to stop Israel’s offensive. Late last year, South Africa accused Israel of genocide at the court. The cases come as Israel's allies face growing calls to stop supplying it with weapons, and as some, including Germany, have grown more critical of the war.

The court also rejected Nicaragua's request for Germany to be ordered to reinstate direct funding to the U.N. aid agency in Gaza.

Israel says it is acting in self-defense after Hamas-led militants stormed into southern Israel on Oct. 7, killing around 1,200 people. Since Israel launched its offensive, more than 34,000 Palestinians have been killed in Gaza, according to the territory’s Health Ministry. Its toll doesn’t differentiate between civilians and combatants, but it has said women and children make up the majority of the dead.

Germany has been a staunch supporter of Israel for decades. Berlin, however, has gradually shifted its tone as civilian casualties in Gaza have soared, becoming increasingly critical of the humanitarian situation in Gaza and speaking out against a ground offensive in Rafah.

In the case brought by South Africa, the ICJ ordered Israel in January to do all it can to prevent death, destruction and acts of genocide in Gaza. In March, the court issued new provisional measures ordering Israel to take measures to improve the humanitarian situation in Gaza, where experts say a famine is imminent.

Meanwhile, a separate investigation by another international court — the International Criminal Court — is also worrying Israeli officials. The ICC inquiry was launched in 2021 into possible war crimes committed by Israel and Palestinian militants going back to the 2014 Israel-Hamas war. The investigation is also looking at Israel’s construction of settlements in occupied territory that the Palestinians want for a future state. Israeli officials in recent days have expressed concern about possible arrest warrants upcoming in that case.