THE HAGUE, Netherlands — Germany told the United Nations’ top court on Monday that a genocide case over weapons sales to Israel was improperly filed by Nicaragua and should be thrown out.
The Central American country accuses Berlin of violating the Genocide Convention and international humanitarian law by "facilitating" acts of genocide in Gaza by providing arms and other military support to Israel.
While the case centers on Germany, it indirectly takes aim at Israel's campaign in Gaza in response to the deadly Oct. 7, 2023, attacks by Hamas. Israel, which isn't a party in the proceedings, strongly denies that its actions amount to acts of genocide.
“Nicaragua’s conduct indicates that it was not interested in hearing Germany’s view on its allegations, but simply in bringing Germany before this court,” Julia Monar, Germany's top lawyer, told the judges.
According to Monar, Nicaragua failed to properly notify the German government and gave her country less than a month to reply before launching proceedings. Countries are typically expected to attempt to resolve disputes before bringing them to the court.
Another lawyer for Germany, Antonios Tzanakopoulos, said that Nicaragua's formal notification about the case came from a Yahoo email address sent to an general inbox, rather than through the appropriate diplomatic channels.
Germany is Israel’s second-largest arms supplier
Germany has been a staunch supporter of Israel for decades and is the second-largest supplier of arms to Israel after the United States.
Monar stressed that her country carefully reviews all exports of military equipment in accordance with international law. “Germany has not, since 2024, authorized an export of weapons of war, with final destination in Israel that can be used in the Gaza conflict,” she said.
In 2024, the court rejected an emergency request from Nicaragua to order Germany to halt military and other aid to Israel in Gaza, but the 16-judge panel declined to throw out the case altogether.
Proceedings at the ICJ can take a long time to conclude
The proceedings are the latest legal attempt to rein in Israel's military campaign by a country with historic ties to the Palestinian people, after South Africa accused Israel of genocide at the same court in 2023.
In January 2024, judges at the ICJ ordered Israel to do all it can to prevent death, destruction and any acts of genocide in Gaza. Two months later, the court told Israel to take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies.
South Africa says that Israel largely ignored those orders.
Both South Africa's case against Israel and Nicaragua's case against Germany allege violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. The convention was drawn up in the wake of the Holocaust to codify a new crime: genocide.
A team of independent experts commissioned by the United Nations' Human Rights Council and the largest professional organization of scholars studying genocide have both concluded that Israel is violating the treaty but only an international court can make a legal determination.
Proceedings at the ICJ can drag on for years. In 2007, the court ruled that Serbia “violated the obligation to prevent genocide” in the 1995 Srebrenica massacre, when Bosnian Serb forces rounded up and murdered some 8,000 mostly Muslim men and boys in eastern Bosnia.
In May, the court set a November 2027 deadline for South Africa to file its written pleadings and gave Israel until May 2029 to reply. Hearings on the core question of the case — whether Israel committed genocide in Gaza — likely won’t be heard until late 2029 at the earliest.
An investigation at the International Criminal Court is also ongoing
In separate proceedings at the International Criminal Court, also in The Hague, which tries cases against individuals rather than between nations, judges have issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant in connection with the conflict.
The pair are charged with crimes against humanity, not genocide. The court said it found that there was reason to believe they used "starvation as a method of warfare" by restricting humanitarian aid and intentionally targeted civilians in Israel's campaign against Hamas in Gaza — charges Israeli officials deny.
In response, the United States has issued sanctions against many senior court staff, including nine of the ICC's 18 judges.
The conflict in Gaza has left tens of thousands of Palestinians dead and devastated the enclave. Despite a fragile ceasefire brokered by the United States last year, violence has continued. Since the ceasefire was announced, Israeli fire has killed more than 1,300 Palestinians in Gaza, according to Gaza's Health Ministry. Five Israeli soldiers have also been killed.