On April 8 and 9, the International Court of Justice will once again hold hearings on the Israeli genocide in Gaza. This time, the judges in The Hague will hear arguments in Nicaragua’s case against Germany.
For Germany, the chickens are coming home to roost as it has backed Israel wholeheartedly in its genocidal war in Gaza.
“We are aware that different countries have different assessments regarding Israel’s operation in the Gaza Strip. However, the German government unequivocally rejects the genocide accusation against Israel in the International Court of Justice.” With these words, German officials signalled their support for Israel in the legal battle brought forth by South Africa at the ICJ. Back then, Germany has expressed its desire to participate as a third party in support of Israel during the legal proceedings.
But Nicaragua’s legal manoeuvre has pushed Germany’s position from playing the role of Israel’s legal representative to being a co-defendant in the dock.
In its accusation, Managua has contended that Germany’s assistance to Israel and its discontinuation of funding for UNRWA have facilitated Israel’s perpetration of genocide in Gaza. It asserts that Germany has failed to fulfil its obligations under the 1948 Genocide Convention to take all necessary measures to prevent genocide. Therefore, it has requested the Court to implement urgent measures requiring Berlin to cease its military support to Israel and reverse its decision to halt funding for UNRWA.
Germany’s Staunch pro-Israeli Stance after the 7 October Attacks
Due to the “moral debt” stemming from the “legacy of the Holocaust,” Berlin has long been among the most prominent global supporters of Tel Aviv. Within the scope of this support, Berlin politically backs Israel’s massacres and violations of international law in the occupied Palestinian territories, characterising them as “Israel’s struggle for existence.” This support is apparent both within the German public opinion and on the international stage.
Berlin has silenced any internal criticism against Israel with an understanding reminiscent of “anti-Semitic McCarthyism” for years. Incredibly, since the beginning of the 7 October process, the German government, with the support of pro-Israeli civil society structures and mainstream media organisations, has intimidated actors and masses criticising its unconditional support policy to Israel by unleashing harsh sanctions against them.
The Muslim community in the country has been particularly targeted. Criticisms directed at Israel’s military operations or messages of solidarity for Palestinians have been arbitrarily interpreted within the context of anti-Semitism, leading to arbitrary arrests and punitive measures. The perception that Muslims residing in Germany potentially harbour anti-Semitic sentiments has been normalised, and Muslims in the country have been pressured to “prove” that they are not anti-Semitic within German public opinion.
Moreover, beyond domestic politics, Germany actively engages in attempts to exonerate Israel from the crimes committed in Palestinian territories through active diplomacy on the international stage. Indeed, Olaf Scholz emerged as the inaugural foreign head of government to visit Israel and convey messages of support and solidarity in the aftermath of the 7 October attacks.
Furthermore, Scholz explicitly articulated his nation’s position during a speech delivered at the German Parliament, stating, “Germany stands in one place, and that is on the side of Israel”. Tel Aviv appreciated Germany’s prompt and unconditional backing. Israeli Ambassador to Berlin, Ron Prosor, remarked in a statement, “Following its unwavering and unconditional support since 7 October, Germany has become Israel’s foremost ally in Europe.”
Additionally, the efforts of Olaf Scholz and other members of the cabinet to reject humanitarian ceasefire calls for the ongoing war in Gaza and to shape international public opinion towards considering Israeli attacks as within the scope of “self-defence” contribute to the impunity of crimes committed against Palestinian civilians and give green light Israel to continue committing these crimes. Germany’s support for Tel Aviv extends beyond the political realm and is also evident in the military dimension.
Germany stands as a significant ally of Israel and is one of its largest arms suppliers, alongside the United States. Twenty-four per cent of the weapons and military equipment supplied to the Israeli army are provided by Germany. According to a report by the German Ministry for Economic Affairs and Climate Protection, Germany’s weapons and military equipment sales to Israel amounted to €326.5 million in 2023. Additionally, in the initial weeks following the commencement of Israel’s attack on Gaza, the Berlin government approved 185 additional export license applications for arms supplies from Israel.
Regardless of the extent of the massacre in Gaza and the number of civilian casualties, Berlin continues to provide political and military support to Tel Aviv.
However, Germany, known for consistently advocating for human rights and often blaming other nations for their inadequate respect for these rights, has faced growing international criticism for its blind support for Israel and its hypocritical stance regarding civilian casualties in Gaza. This amoral position has resulted in widespread condemnation and increased dissenting opinions directed towards Berlin.
Nicaragua’s ICJ Application
In its official application, Nicaragua alleges that Germany has violated the 1948 Genocide Convention by failing to prevent genocide against the Palestinian people and by contributing to genocide through political, financial, and military support to Israel’s ongoing military campaign in Gaza. In support of its argument, Nicaragua further noted that “Germany is facilitating the commission of genocide by defunding UNRWA, which provides essential support to the civilian population”.
As per the Genocide Convention, every participating nation must implement all essential steps to hinder genocide. This implies that states are not just bound to abstain from committing genocide but are also required to employ all means necessary to prevent it. Hence, aiding or enabling genocidal activities is deemed as contravening the convention.
Hence, considering that Germany’s political backing of Israel, particularly its refusal to heed ceasefire appeals, and its supply of arms contributed to the loss of numerous Palestinian civilian lives, Nicaragua’s indictment against Germany holds solid legal grounds.
The hearings regarding Germany’s accountability are scheduled for April. Suppose the Court finds Berlin accountable for the genocide perpetrated by Israel. In that case, it will inevitably broaden the scope of protection provided by the Genocide Convention, as parties not directly involved in genocidal activities will also be held accountable.
By establishing this legal precedent, Nicaragua’s action will contribute to safeguarding civilians and deterring support for states engaging in genocide, war crimes, and crimes against humanity, regardless of their location globally.