Germany's defense now turns to whether Germany, as a third state, can be held responsible for another's genocide that has not yet been determined as such. It is leaning on parts of a 2007 ICJ ruling, Bosnia and Herzegovina v. Serbia and Montenegro, which suggests it cannot (para 431). The ICJ's initial ruling in South Africa's case against Israel said that the Gaza operation could "appear to be capable of falling within the provisions of the Convention."
The defense goes on to say that Nicaragua did not use appropriate diplomatic channels for addressing its concerns to Germany in advance of filing its case with the ICJ. This prevented Germany from receiving its protest in a timely fashion and formulating a response.
Follow live updates: Germany/ICJ/genocide, day 2
Follow live updates: Germany/ICJ/genocide, day 2
Follow live updates: Germany/ICJ/genocide, day 2
Germany's defense now turns to whether Germany, as a third state, can be held responsible for another's genocide that has not yet been determined as such. It is leaning on parts of a 2007 ICJ ruling, Bosnia and Herzegovina v. Serbia and Montenegro, which suggests it cannot (para 431). The ICJ's initial ruling in South Africa's case against Israel said that the Gaza operation could "appear to be capable of falling within the provisions of the Convention."
The defense goes on to say that Nicaragua did not use appropriate diplomatic channels for addressing its concerns to Germany in advance of filing its case with the ICJ. This prevented Germany from receiving its protest in a timely fashion and formulating a response.