Inside the ICJ Case: Why Nicaragua Is Holding Germany Accountable Over Gaza

Germany has returned to the International Court of Justice (ICJ) at The Hague to defend its support for Israel, following a legal challenge brought by Nicaragua over two years ago accusing Berlin of facilitating the Gaza genocide through weapons supplies. Filed in 2024, the lawsuit claims Germany has violated the Genocide Convention and international humanitarian law. As Israel's largest arms supplier after the US, Germany strongly denies these accusations and is actively seeking to dismiss the case by challenging the court's jurisdiction and the admissibility of Nicaragua's claims.

The ICJ, established to resolve disputes between nations, has become heavily involved in legal battles concerning the conflict in Gaza following the Hamas-led October 7, 2024 attacks, alongside a separate genocide case brought by South Africa against Israel. The current hearings in the Netherlands do not determine whether Germany, Europe's largest economy, violated international law, but rather whether the lawsuit can proceed to a full examination of the allegations.

What is Nicaragua accusing Germany of?

Nicaragua asserts that Germany breached its obligations under the 1948 Genocide Convention by supplying military equipment to Israel despite clear risks of genocide in Gaza, while also violating international humanitarian law. When filing the lawsuit in March 2024, Nicaragua stated that Germany was facilitating genocide by sending military equipment and defunding UNRWA. Carlos Jose Arguello Gomez, Nicaragua’s ambassador to the Netherlands, argued that Germany failed to distinguish between self-defence and genocide. Although the ICJ rejected Nicaragua's initial request for emergency provisional measures in April 2024, it refused to dismiss the broader case, echoing its January 2024 ruling in the South Africa case that there is a real risk of irreparable prejudice to Palestinian rights under the Genocide Convention.

What does Germany claim?

Germany rejects all allegations and has requested that the court throw out the case. Legal adviser Julia Monar told the ICJ that Nicaragua failed to follow necessary preliminary steps and that major parts of the complaint lie outside the court's jurisdiction. Berlin maintains that its arms exports undergo rigorous legal scrutiny, with lawyer Christian Tams noting that 98 percent of exports to Israel since October 7, 2023, consisted of general military equipment like helmets, vests, and binoculars. Germany is currently pressing preliminary objections regarding jurisdiction and admissibility.

What is the latest situation in Gaza?

Despite a US-brokered ceasefire in effect since last October, ongoing Israeli attacks continue to claim lives. Recent strikes killed at least four Palestinians, including two young children. Gaza’s Ministry of Health reports that at least 1,344 Palestinians have been killed and 4,464 wounded since the ceasefire began, bringing the overall death toll since October 2023 to 73,470, with 174,540 wounded. The UN Satellite Centre notes that 82 percent of Gaza's buildings are damaged or destroyed, and aid groups estimate between 10,000 and 14,000 people remain missing beneath the rubble.

How long will the case take to conclude?

The immediate jurisdictional dispute will be decided much faster than the overall case. The ICJ is conducting four days of hearings to determine if Germany's request to throw out the case is successful, with a preliminary ruling expected in about six months. If Germany's challenge fails, the case will proceed to a consideration on the merits, a process that can take years, meaning a final judgment remains a distant prospect.