Germany faces charges of aiding and abetting genocide. What exactly is it about and what are the possible consequences?
The Gaza war also concerns international courts. With unusual actors. Germany has to answer before the International Court of Justice in The Hague for aiding and abetting genocide.
Nicaragua, a country accused of numerous human rights violations, sued. Today, this highest court of the United Nations makes a preliminary decision. What is it about and what consequences can it have?
What is Germany accused of?
Nicaragua accuses Germany of “aiding and abetting genocide.” From Nicaragua’s perspective, arms deliveries to Israel enable “genocide” to be committed in the Gaza Strip. As an argument, Nicaragua cites the fact that Germany approved arms deliveries to Israel for 326.5 million euros last year, ten times as much as the previous year.
Nicaragua also accuses Germany of putting aid to the UN Palestinian relief agency UNRWA in the Gaza Strip on hold. The reason was, among other things, Israel’s allegations that aid agency employees were involved in the massacres on October 7th. In addition, Hamas is said to have infiltrated the aid organization.
The federal government has now announced that it wants to continue its cooperation with UNRWA. The background is the recommendations of a report by the group set up by the United Nations under the leadership of the former French Foreign Minister Catherine Colonna. Accordingly, there must be improvements in key areas of UNRWA, including in maintaining the principle of neutrality.
What does Nicaragua demand?
Nicaragua had also filed an urgent application with the lawsuit and is demanding an order from the judges in an expedited procedure that Germany stop deliveries of military equipment to Israel.
What does Germany say?
Germany rejected the allegations as baseless at the hearing about four weeks ago in the Peace Palace in The Hague. “These allegations have no legal or factual basis,” said the head of the German delegation, Tania von Uslar-Gleichen. Germany is violating neither the Genocide Convention nor international humanitarian law.
According to German information, 98 percent of the armaments were not military weapons, but rather general goods such as helmets or protective vests. And regarding the suspension of humanitarian aid, Germany stated that it is still one of the largest donor countries for the Palestinian territories. By the way, the money is now being paid back to the relief organization.
Why is Nicaragua, of all places, complaining?
The Central American country, which is itself internationally targeted for human rights violations, invokes the Genocide Convention. Signatory states undertake to do everything possible to prevent genocide. This means that third countries can also hold others responsible for this.
Why Germany of all places?
Germany recognizes the jurisdiction of the UN court and is one of Israel’s closest allies. The USA, for example – Israel’s largest arms supplier and also a close ally – does not recognize the court in this case and therefore cannot be prosecuted.
The convention also appears to be an instrument for third countries to exert political pressure on Israel’s allies.
Is it the first lawsuit?
No, it was only at the end of 2023 that South Africa sued Israel before the Court, also for genocide. The urgent motion called for a ceasefire. The judges did not agree with this, but they warned Israel surprisingly clearly that it should do everything possible to prevent genocide.
Proceedings brought by Gambia against Myanmar are currently underway. On behalf of Muslim states, it accuses Myanmar of genocide against the Muslim Rohingya minority.
What can the judges decide now?
You can dismiss the lawsuit because the allegations are not substantiated.
But they can also say that they are not responsible at all. Germany thinks so too. Nicaragua did not try to resolve the conflict with Germany. And that is the prerequisite before the UN court can even be involved.
