Nicaragua Argues Germany Genocide Case at ICJ Today

Judges at the International Court of Justice in The Hague heard the second day of a closely watched case Tuesday, as Nicaragua argued that Germany bears independent legal responsibility for allegedly facilitating genocide in Gaza through its continued military and diplomatic support for Israel.

The hearings, held at the Peace Palace, form part of a four-day session focused on preliminary objections Germany has raised in an effort to have the case dismissed before it can proceed to a full examination of the merits. Nicaragua filed the case in March 2024, arguing that Germany violated its obligations under the 1948 Genocide Convention by continuing to supply weapons and other support to Israel despite mounting evidence of harm to civilians in Gaza.

Nicaragua's Legal Argument

Nicaragua's legal team told the court Tuesday that Germany's own obligations under international law — specifically, the duty to prevent genocide and avoid complicity in it — can be assessed independently of any final determination regarding Israel's conduct as a state. This argument is central to Nicaragua's case, since Israel itself is not a party to the proceedings and has not consented to the court's jurisdiction over its own actions.

By framing the case around Germany's independent legal duties rather than requiring a prior finding against Israel, Nicaragua's lawyers are attempting to sidestep one of the central jurisdictional objections Germany has raised. Nicaragua contends that a state's own compliance with the Genocide Convention can and should be judged on its own terms, regardless of whether the principal actor accused of genocide has been formally adjudicated.

Germany's Defense

Germany opened the hearings on Monday by asking the court to dismiss the case entirely, arguing that determining its own responsibility would necessarily require first ruling on Israel's conduct — something the court cannot properly do without Israel's participation in the proceedings. Germany's legal representatives also argued that Nicaragua failed to follow required pre-litigation procedures before bringing the case and that several elements of the claim fall outside the scope of the court's jurisdiction under the Genocide Convention.

Germany further stated during the hearings that it has not authorized exports of war weapons to Israel for use in Gaza since 2024, a point its lawyers used to argue that the substance of Nicaragua's complaint is, at minimum, outdated. Germany has historically been one of Israel's most significant military suppliers, and government data from recent years shows it has sent hundreds of millions of euros' worth of equipment and weapons to Israel.

Part of a Broader Legal Campaign

The case against Germany builds directly on a separate and higher-profile proceeding at the same court, in which South Africa has accused Israel itself of committing genocide in Gaza. That case, filed in 2023, resulted in a series of interim rulings ordering Israel to take steps to prevent harm to civilians and improve humanitarian access, though South Africa has argued that Israel has largely failed to comply with those orders.

The South Africa case remains far from a final resolution. The court has set a November 2027 deadline for South Africa to submit its full written arguments, with Israel given until 2029 to respond. Legal observers say hearings on the core question of whether genocide occurred are unlikely to take place before late 2029 at the earliest, illustrating how slowly proceedings at the world's top court can move even in cases involving urgent humanitarian concerns.

Separately, at the International Criminal Court — a different institution in The Hague that prosecutes individuals rather than states — judges have already issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and a former defense minister, citing evidence suggesting the use of starvation as a method of warfare and intentional harm to civilians during Israel's campaign in Gaza. Israeli officials strongly reject those allegations.

Timeline and What Happens Next

Under the court's schedule, both Germany and Nicaragua will present second-round arguments on Wednesday and Thursday before the current round of hearings concludes. A ruling specifically on Germany's preliminary objections is expected within roughly six months. Should the court reject Germany's objections, the case would move into a lengthy merits phase that could take years to resolve. If the objections are accepted, the case would be dismissed outright.

For governments and legal observers across the Arab world, the proceedings are being watched closely as part of a broader wave of international legal efforts aimed at holding not just Israel, but its allies and suppliers, accountable under international law. Whatever the outcome, the case has already drawn fresh global attention to the question of state responsibility for arms transfers during active conflicts.