Germany defends support for Israel in UN court against accusations of ‘facilitating genocide’ in Gaza

By Nadine Schmidt and Niamh Kennedy, CNN

Berlin (CNN) — Germany has hit back at allegations by Nicaragua that it has been “facilitating genocide” in Gaza, telling an international court on Tuesday that history undergirds German support for Israel.

Addressing the International Court of Justice (ICJ) in The Hague, Germany’s lawyer Tania von Uslar-Gleichen said Berlin “firmly rejects Nicaragua’s accusations.” She called the case “grossly biased” and promised to “set the records straight” on the second day of the court’s two-day hearing.

Nicaragua has accused Germany of violating its obligations as a signatory of the Genocide Convention through its political, financial and military support for Israel as its military campaign continues in Gaza, and by suspending funding to the main UN humanitarian agency in Gaza, UNRWA.

More than 33,000 people, including thousands of children, have been killed in Gaza since Israel launched its war following Hamas’ October 7 terror attacks, according to the enclave’s health ministry. More than a million are on the brink of starvation, according to aid agencies.

Von Uslar-Gleichen, who is the Legal Director for the German Foreign Office, insisted that Germany had been “doing its utmost to live up to its responsibility vis a vis both the Israeli and the Palestinian people.”

“Germany has always been an advocate for the promotion and strengthening of international humanitarian law and humanitarian principles,” von Uslar-Gleichen added.

She also nodded to the Nazi Holocaust against Jews during World War II, explaining to the ICJ that “our history is the reason why Israel’s security has been at the core of German foreign policy.”

Her address came a day after Nicaraguan Ambassador to the Netherlands Carlos Jose Arguello Gomez told the world court that his government had taken the case “on behalf of the Palestinian people” who are “being subjected to one of the most destructive military actions in modern history.”

Also representing Nicaragua at the UN court, French lawyer Alain Pellet said on Monday that Nicaragua is “not accusing Germany of committing genocide against the Palestinian people in Gaza” but rather “failing in its obligation to prevent and suppress the crime of genocide.”

Israel is not a party to the case brought by Nicaragua and will not appear at the ICJ for it.

Another case before the ICJ

Nicaragua has been a longstanding supporter of the Palestinian cause, seeing the issue as a modern-day version of the type of colonialism it suffered under Spanish rule.

But Germany argued Tuesday that because the “bedrock” of Nicaragua’s case was aimed at Israel and its “alleged violations of international law by Israel,” the ICJ did not have jurisdiction.

British lawyer Samuel Wordsworth, who advocated on behalf of Berlin, said the case against Germany is “entirely dependent” upon a “prior finding of breach” of international law by Israel in Gaza.

The ICJ is hearing a separate case brought against Israel by South Africa, but has not ruled on whether Israel has breached international law in Gaza.

In the South Africa-Israel case, the ICJ in January ordered Israel to “take all measures” to prevent genocide in Gaza, but stopped short of ordering Israel to halt the war as South Africa had asked. It also has not yet ruled on whether Israel has committed genocide in the enclave.

Nicaragua has also asked the ICJ to grant a series of provisional measures, including an order for Germany to “immediately suspend” its military aid to Israel – but Germany says its weapons sales are being mischaracterized.

“If we look at what has actually been licensed for export to Israel under this framework since October 2023, we see no artillery shells, no munitions. Nearly all exports involve what is known as other military equipment, typically of a subordinate or defensive nature,” German legal representative Christian Tams told the court.

He also rejected accusations that Germany’s suspension of funding to UNRWA has jeopardized aid reaching Palestinians in Gaza, saying the country “continues to provide humanitarian support every single day under extremely difficult conditions” to people in Gaza.

The international court will now consider whether to order the emergency measures requested by Nicaragua.

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