Nicaragua Defends Gaza Genocide Case at ICJ, Urging Court to Reject German Bid to Dismiss

Nicaragua has urged the International Court of Justice (ICJ) to allow its ongoing case against Germany to move forward, arguing that German arms exports to Israel violate the 1948 Genocide Convention and international humanitarian law by aiding the war on Gaza.

The appeal was delivered on Tuesday during public hearings in The Hague focused on preliminary objections raised by Germany. On Monday, Germany asked the court to dismiss the case, asserting it was improperly filed. Julia Monar, the top lawyer for Germany, told the judges that Nicaragua’s actions showed a lack of interest in resolving the issue amicably and were merely an attempt to bring Germany before the court without proper preliminary engagement.

Lawyers representing Nicaragua firmly denied these claims, highlighting formal documents and press releases sent to the German foreign ministry to establish the existence of a dispute. The legal proceedings mark two years since Nicaragua initiated the case accusing Germany of facilitating genocide in Gaza. As the second-largest supplier of arms to Israel following the United States, Germany faced strong arguments from Nicaragua's top lawyer, Carlos Jose Arguello Gomez, who stated it was impossible for Berlin to be unaware of the serious risk that Israel was committing acts amounting to genocide.

Germany previously suspended military exports to Israel in August of last year, but later resumed shipments, citing the stability of a ceasefire agreement between Israel and Hamas. However, military actions by Israel persisted immediately following the ceasefire. According to Nicaragua, German arms sales surged significantly after the outbreak of the war on Gaza on October 7, 2023. Court records indicate that export licenses totaled $378 million in the final quarter of 2023, compared to $45 million in the first three months of that year. During an earlier hearing in April 2024, a German lawyer informed the ICJ that 98 percent of arms exports to Israel since October 2023 consisted of general equipment such as helmets, vests, and binoculars.

Nicaragua’s legal challenge runs parallel to South Africa’s separate genocide case against Israel. In an interim ruling, the ICJ concluded that it was plausible Israel had violated certain rights protected under the Genocide Convention. While both Nicaragua and Germany are signatories to the convention—which mandates that states act to prevent potential genocide—it remains uncommon for the court to hear disputes where neither country is a direct party to the underlying conflict. A final ruling regarding Germany's jurisdictional objections is anticipated later this year, though a full judgment on the merits could potentially take until 2030 if the ICJ decides to proceed.