Germany calls Nicaragua’s accusation of aiding and abetting genocide “baseless”

Nicaragua’s accusation is serious: Germany is supporting a genocide in Gaza through its aid to Israel, says the authoritarian country. Germany now had the floor before the ICJ and expressly objected.

For a good two hours, Germany’s representatives in The Hague tried to refute Nicaragua’s accusations that the Federal Republic was aiding and abetting genocide in Gaza. “We have stated today that we reject Nicaragua’s unfounded, baseless allegations and that there is no reason for the ICJ to issue interim orders,” said the head of the German delegation, Tania von Uslar-Gleichen, after the hearing at the International Court of Justice (IGH).

“We are fully aware of our obligations under the Genocide Convention and international humanitarian law. And we live up to them,” emphasized the head of the legal department at the Foreign Office.

point of contention weapons shipments

The government of the Central American country accuses Germany of complicity in genocide because the federal government supplies weapons to Israel and suspended payments to the Palestinian aid organization after allegations that some UNRWA employees supported Hamas.

The international lawyer Christian Tams, who also represents Germany before the ICJ, countered this in court: The payment stop had no impact on the amount of aid. Germany is the largest individual donor with 254 million euros in the past year and a half. And: Instead of stopping support after October 7th, the Federal Republic more than tripled its humanitarian aid to Palestinians in the occupied territories.

Tams also denied Nicaragua’s accusation that German arms exports to Israel encouraged genocide. He referred to the strict approval requirements, which several federal ministries are examining. Since the Hamas attack, Berlin has issued four permits for the export of war weapons. In three cases it was about training ammunition and in one case it was about anti-tank weapons. “The references made yesterday by Nicaragua to artillery shells or ammunition that would be used in Gaza simply have no connection to reality. Germany rejects this.”

Germany questions ICJ jurisdiction

The German side also considers Nicaragua’s allegations to be legally questionable and that the court has no jurisdiction. She doubted that Germany could be complicit in the genocide when the court had not yet established the genocide allegedly committed by Israel. The British lawyer Samuel Wordsworth, also a representative of Germany, emphasized: “The allegations could hardly be more serious, and the measures requested have direct and indirect effects on third countries.” This is precisely why real evidence of a clearly opposing view is needed – “and not a hasty appeal to the court on a half-finished basis at best.”

Baerbock: Germany is international legally obligated

Federal Foreign Minister Annalena Baerbock reiterated that Germany is committed to international law. This includes both Israel’s right to self-defense and support for the Palestinians: “Which is why we made it clear from the start that we would expand our own humanitarian aid to Gaza.” She and the Chancellor have also repeatedly emphasized that the Israeli government has a duty to distinguish between Hamas terrorists and the civilian population and to allow humanitarian aid into Gaza.

Nicaragua has asked the ICJ to take interim measures against Germany. The federal government should stop arms deliveries to Israel and resume payments to the Palestinian aid organization. A decision from the 16 judges is expected in a few weeks.