It's the second and final day of oral arguments at the International Court of Justice in the Hague. Germany will present its defense against Nicaragua's claims that it is violating its international obligations by arming Israel amid its military campaign in Gaza.
The court should be in session for about two hours. Follow here for live updates.
Yesterday, Nicaragua’s team of lawyers laid out its case against Germany. In summary, they argue that Germany is knowingly maintaining its steadfast support — including sending military aid — for Israel despite full knowledge of Israel’s abuses and violations of international law, including the Genocide Convention. At issue is whether Germany can be held to account regardless that Israel’s actions are themselves not involved in this case (in contrast to South Africa’s case filed earlier this year).
A key element the judges will have to assess is whether the mere risk of genocide is enough for third countries, like Germany, to take steps to prevent one. Nicaragua’s side asserts that the whole point of international law, and especially the Genocide Convention of 1948, is to prevent genocide from happening in the first place. Therefore, one does not have to be verifiably taking place for a country to be in violation of its international obligations.
Germany naturally disputes this perspective. Based on brief remarks to reporters after yesterday’s oral arguments, Germany’s lead counsel called Nicaragua’s presentation “biased.” She rejects the idea that Germany is not upholding international law. Earlier today, a top German lawmaker doubled down on supporting Israel — reiterating its “reason of state” — given the threats that Israel faces and therefore need for military support. However, he also said that weapons deliveries must be carefully checked that they are not being used to harm civilians and violate international law.
While Germany is not the only supplier of weapons to Israel (it is second to the United States), unlike the U.S. it is fully beholden to the Genocide Convention without reservations. That makes it an easier target than other countries, such as the U.S. Nicaragua’s lead counsel made that point clear in his remarks to reporters after yesterday’s hearings.
Follow live updates: Germany/ICJ/genocide, day 2
Follow live updates: Germany/ICJ/genocide, day 2
Follow live updates: Germany/ICJ/genocide, day 2
It's the second and final day of oral arguments at the International Court of Justice in the Hague. Germany will present its defense against Nicaragua's claims that it is violating its international obligations by arming Israel amid its military campaign in Gaza.
The court should be in session for about two hours. Follow here for live updates.
Yesterday, Nicaragua’s team of lawyers laid out its case against Germany. In summary, they argue that Germany is knowingly maintaining its steadfast support — including sending military aid — for Israel despite full knowledge of Israel’s abuses and violations of international law, including the Genocide Convention. At issue is whether Germany can be held to account regardless that Israel’s actions are themselves not involved in this case (in contrast to South Africa’s case filed earlier this year).
A key element the judges will have to assess is whether the mere risk of genocide is enough for third countries, like Germany, to take steps to prevent one. Nicaragua’s side asserts that the whole point of international law, and especially the Genocide Convention of 1948, is to prevent genocide from happening in the first place. Therefore, one does not have to be verifiably taking place for a country to be in violation of its international obligations.
Germany naturally disputes this perspective. Based on brief remarks to reporters after yesterday’s oral arguments, Germany’s lead counsel called Nicaragua’s presentation “biased.” She rejects the idea that Germany is not upholding international law. Earlier today, a top German lawmaker doubled down on supporting Israel — reiterating its “reason of state” — given the threats that Israel faces and therefore need for military support. However, he also said that weapons deliveries must be carefully checked that they are not being used to harm civilians and violate international law.
While Germany is not the only supplier of weapons to Israel (it is second to the United States), unlike the U.S. it is fully beholden to the Genocide Convention without reservations. That makes it an easier target than other countries, such as the U.S. Nicaragua’s lead counsel made that point clear in his remarks to reporters after yesterday’s hearings.