The United Nations' highest court denies request for Germany to immediately stop providing weapons to Israel.
"The court, with a unanimous decision of 15 votes to 1, states that the ongoing situation before the court is not enough to warrant the use of its authority under Article 41 of the statute to mandate preliminary actions," Judge Nawaf Salam of the International Court of Justice (ICJ) revealed in The Hague, Netherlands, on Tuesday.
Although rejecting Germany's request to dismiss the lawsuit entirely, the court's ruling does advance the case, potentially leading to a lengthy legal process. The initial decision on Tuesday focused on whether or not Germany should be ordered to halt the sale of weapons to Israel.
Out of the 16 judges sitting on the ICJ, only one - Awn Shawkat Al-Khasawneh, an ad hoc judge chosen by Nicaragua - voted against Germany. Nations without judges from their country seated on the ICJ can appoint an ad hoc judge to join the court during cases that concern them, like Nicaragua with the Jordanian judge.
Magistrate Salam divulged that the court was particularly troubled by the "appalling living conditions of Palestinians in the Gaza Strip, which has led to extreme food and basic necessity scarcity."
This lawsuit, filed by Nicaragua, alleges Germany has violated its obligations as a signatory of the Genocide Convention through its political, financial, and military support for Israel and by halting funding to the United Nations Relief and Works Agency for Palestine Refugees (UNRWA).
Germany suspended the funding in January, prompted by accusations that 12 UNRWA employees took part in the Hamas incursion on Israel on October 7. However, it reinstated it subsequently.
Germany's attorney, Tania von Uslar-Gleichen, applauded the court's decision and described Nicaragua's claims as "completely false." Her employer will "continue to refute them completely," she stated.
The German foreign ministry published a statement following the announcement, stressing that "Germany is not a party to the conflict in the Middle East" and "Germany is working around the clock for a two-state solution."
This dispute features one of Israel's most fervent supporters facing a long-term supporter of the Palestinians.
Nicaragua's support for the Palestinian cause dates back to the 1970s, when Israel was a significant arms provider to the US-backed Nicaraguan government controlled by the Somoza family and aided the regime in crushing the Sandinista revolution. In turn, the Sandinistas, who included Nicaragua's current President Daniel Ortega, fostered a close relationship with the Palestine Liberation Organization (PLO), providing them with weapons and training.
The Nicaraguan Ambassador to the Netherlands, Carlos Jose Arguello Gomez, informed the court during this proceeding that his government had initiated the case on behalf of the Palestinian people, who are "suffering one of the most destructive military operations in modern times."
Counsel for Nicaragua specified the lawsuit does not accuse Germany of committing genocide against Palestinian citizens in Gaza, but rather of "neglecting its duty to prevent and curb the crime of genocide."
On the other side, Germany is Israel's second-largest weapons supplier after the US. According to the Stockholm International Peace Research Institute (SIPRI), Berlin accounted for approximately 30% of Israel's arms imports in the year 2023.
German politicians frequently affirm that Israel's security is "the reason why Germany's foreign policy exists," given its history of Nazi atrocities involving Jews.
Following the Hamas assault on Israel in October 7, during which the militant group killed roughly 1,200 people and captured an additional 250 hostages, Germany has undertaken a massive crackdown on the group within its borders. Notably, they have also restricted pro-Palestinian demonstrations.
In Berlin, pro-Palestinian rallies have been regulated, and schools possess the authority to forbid Palestinian flags and keffiyeh scarves.
Thoughout Germany, employing the pro-Palestinian slogan "From the river to the sea" is considered a criminal offense. This phrase, frequently chanted at protests, advocates for equal rights and Palestinian sovereignty but is also sometimes intended to advocate for the abolition of Israel.
Some German politicians have recommended recognizing Israel's right to exist as a prerequisite for German citizenship. With an estimated population of 300,000, the Palestinian diaspora in Germany is the largest in Europe.
During the court hearing, von Uslar-Gleichen referred to the Nazi Holocaust against Jews in World War II to present Germany's argument, emphasizing that "our history motivates Israel's security to be at the forefront of Germany's foreign policy."
While Germany was granted victory in the ICJ on Tuesday, there has been a growing chorus of voices in Germany demanding that Israel take more steps to protect civilians in the Gaza Strip.
Previously this month, German Foreign Minister Annalena Baerbock called for "a significant increase in humanitarian aid" while also urging Hamas to free the hostages they are still holding in Gaza.
Israel wasn't involved in that court case, but on Tuesday there was a ruling, and this news comes out when the ICJ is listening to a different case filed by South Africa against Israel. In January, the ICJ said that Israel should stop any kind of genocide towards Palestinians in Gaza. However, they didn't order Israel to halt its military actions, as South Africa demanded. The ICJ is still assessing if Israel infringed the Genocide Convention.
The Ministry of Health in Gaza stated on Sunday that over 34,450 people have lost their lives in the small territory after Israel initiated a war following Hamas' terror attacks on October 7th.
[Update: Supplementary information]
Abel Alvarado, Tamar Michaelis, Sophie Tanno, Nadine Schmidt, and Inke Kappeler all brought contributions to this story. [EndUpdate]
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Source: edition.cnn.com
