Germany’s representatives at the ICJ are, as expected, quite pleased with the ICJ ruling, which saw no reason to issue provisional measures at this time. The Nicaragua side (not included here due to a technical error on Instagram) argued that this is only the beginning and that Germany is “on notice.”
In a vote 15-to-1, the judges do not see present circumstances to warrant provisional measures against Germany. However, it reminds all parties of their responsibility to upholding international obligations, in particular the Genocide Convention as it relates to this matter.
The order has been read. The court is adjourned.
According to the order, “The court concludes that, at present, the circumstances are not such” to indicate provisional measures. On the matter of jurisdiction, the court will not strike the case from the record.
The president of the court, Nawaf Salam, is reading an abridged version of the order, in French, beginning with an overview of the two sides’ claims.
The legal representatives of both Germany and Nicaragua have taken their seats. The court is in session.
For Germany to “win” this case, in both a legal and political sense, the court will need to fully reject Nicaragua’s claim. The court could also raise procedural or jurisdictional concerns that prevent it from ruling one way or another. Germany has asked the court to strike the case from the record, as if it never existed. Nicaragua would like the court to press Germany to halt its military support for Israel and protect humanitarian aid to Palestinians.
My prediction: The court will take a middle-of-the-road approach, ruling to the effect that bad stuff is happening in Gaza that could lead to violations of the Genocide Convention (as it essentially did in South Africa’s case against Israel) and parties to the Convention should take care that they are upholding their obligations. Germany has already made its case that it is doing precisely that, by carefully vetting all weapons exports for compliance with international and humanitarian law. Ergo, it is not violating international law.
It seems unlikely that Germany will get its wish to have the case completely struck from the record. But who knows. Nicaragua’s approach is a gray zone because the entity accused of genocide, Israel, is not involved. Germany’s has basically told Nicaragua that it’s picked a fight with the wrong actor.
Welcome back to the International Court of Justice in The Hague! The panel of judges will soon read out their order on the request for the indication of provisional measures against Germany. That means Germany could face a binding ruling against its support for Israel, especially military aid. Nicaragua brought the case against Germany. Catch up on the background here.
Germany has since restarted its UNRWA funding, which was also at the center of Nicaragua’s complaint. During oral arguments earlier this month, Germany claimed that its military support for Israel a) is carried out within strict parameters of national, European, and international law; b) has little to do with offensive or combat operations; and c) much of that aid has tapered off since Hamas’ Oct. 7 attack.
Nicaragua has tried to make the case that Germany’s “reason of state,” which German officials believe obliges Germany to support Israel nearly unconditionally, makes Germany complicit in charges of Israeli genocide of Palestinians. Israel, however, is not directly involved in this case. Nicaragua has argued that as long as there is risk of genocide, states party to the Genocide Convention are obliged to uphold their obligations to international law.
Follow here for live updates as the judges convene.
Follow live updates: ICJ rules on Nicaragua/Germany
Follow live updates: ICJ rules on Nicaragua/Germany
Follow live updates: ICJ rules on Nicaragua/Germany
Germany’s representatives at the ICJ are, as expected, quite pleased with the ICJ ruling, which saw no reason to issue provisional measures at this time. The Nicaragua side (not included here due to a technical error on Instagram) argued that this is only the beginning and that Germany is “on notice.”
In a vote 15-to-1, the judges do not see present circumstances to warrant provisional measures against Germany. However, it reminds all parties of their responsibility to upholding international obligations, in particular the Genocide Convention as it relates to this matter.
The order has been read. The court is adjourned.
According to the order, “The court concludes that, at present, the circumstances are not such” to indicate provisional measures. On the matter of jurisdiction, the court will not strike the case from the record.
The president of the court, Nawaf Salam, is reading an abridged version of the order, in French, beginning with an overview of the two sides’ claims.
The legal representatives of both Germany and Nicaragua have taken their seats. The court is in session.
For Germany to “win” this case, in both a legal and political sense, the court will need to fully reject Nicaragua’s claim. The court could also raise procedural or jurisdictional concerns that prevent it from ruling one way or another. Germany has asked the court to strike the case from the record, as if it never existed. Nicaragua would like the court to press Germany to halt its military support for Israel and protect humanitarian aid to Palestinians.
My prediction: The court will take a middle-of-the-road approach, ruling to the effect that bad stuff is happening in Gaza that could lead to violations of the Genocide Convention (as it essentially did in South Africa’s case against Israel) and parties to the Convention should take care that they are upholding their obligations. Germany has already made its case that it is doing precisely that, by carefully vetting all weapons exports for compliance with international and humanitarian law. Ergo, it is not violating international law.
It seems unlikely that Germany will get its wish to have the case completely struck from the record. But who knows. Nicaragua’s approach is a gray zone because the entity accused of genocide, Israel, is not involved. Germany’s has basically told Nicaragua that it’s picked a fight with the wrong actor.
Welcome back to the International Court of Justice in The Hague! The panel of judges will soon read out their order on the request for the indication of provisional measures against Germany. That means Germany could face a binding ruling against its support for Israel, especially military aid. Nicaragua brought the case against Germany. Catch up on the background here.
Germany has since restarted its UNRWA funding, which was also at the center of Nicaragua’s complaint. During oral arguments earlier this month, Germany claimed that its military support for Israel a) is carried out within strict parameters of national, European, and international law; b) has little to do with offensive or combat operations; and c) much of that aid has tapered off since Hamas’ Oct. 7 attack.
Nicaragua has tried to make the case that Germany’s “reason of state,” which German officials believe obliges Germany to support Israel nearly unconditionally, makes Germany complicit in charges of Israeli genocide of Palestinians. Israel, however, is not directly involved in this case. Nicaragua has argued that as long as there is risk of genocide, states party to the Genocide Convention are obliged to uphold their obligations to international law.
Follow here for live updates as the judges convene.