ICJ opposes emergency measures on German arms exports to Israel

May 2, 2024 - 03:15
ICJ opposes emergency measures on German arms exports to Israel

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

The court ruled on Tuesday against the case brought by Nicaragua in a 15-1 vote, after Nicaragua accused Germany of supporting genocide against the Palestinian people in Gaza following its support for Israel.

Presiding judge Nawaf Salam said the circumstances were not such as to require the court to exercise its power under Article 41 of the statute to issue emergency measures.

He said the court "remains deeply concerned about the catastrophic living conditions of Palestinians in the Gaza Strip, especially given the prolonged and widespread deprivation of food and other basic needs to which they have been subjected."

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

Nicaragua brought the case against Germany in a two-day hearing earlier this month, asking the court to issue preliminary injunctions known as interim measures, including for Berlin to immediately suspend its military aid to Israel, which could be used in violation of the Genocide Convention and international law.

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

Germany has denied the charges, arguing that the Nicaraguan case was rushed, based on weak evidence, and should be thrown out for lack of jurisdiction. However, judges at the UN High Court rejected a German request to dismiss the case altogether, so it can continue to hear arguments from both sides.

The Nicaragua issue came amid growing calls for Western nations, led by the US, to freeze arms supplies to Israel.

Germany has been a staunch supporter of Israel for decades. The European country is a significant arms supplier to Israel, with a significant contribution of 326.5 million euros ($353.7 million) in military equipment and weapons last year alone.

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