Germany asks UN court to dismiss Nicaragua case over Israel arms support

Eagan,UPDATED: Sep 7, 2026 16:44 IST

Germany has asked the United Nations' top court to throw out a case filed by Nicaragua over its weapons sales and military support to Israel. Nicaragua has accused Berlin of violating the Genocide Convention and international humanitarian law by "facilitating" acts of genocide in Gaza.

The case before the Court of Justice in The Hague centres on Germany, but also touches on Israel's military campaign in Gaza after the October 7, 2023 attacks by Hamas. Israel is not a party to the proceedings and has strongly denied that its actions amount to genocide.

Addressing the judges on Monday, Germany's top lawyer Julia Monar said, "Nicaragua's conduct indicates that it was not interested in hearing Germany's view on its allegations, but simply in bringing Germany before this court." She said Nicaragua had failed to properly notify the German government and had given it less than a month to respond before starting proceedings. Countries are generally expected to try to resolve disputes before turning to the court.

Another lawyer for Germany, Antonios Tzanakopoulos, said Nicaragua's formal notification came from a Yahoo email address sent to a general inbox instead of through the proper diplomatic channels.

Germany has long been a strong supporter of Israel and is its second-largest arms supplier after the United States. Monar told the court that Germany carefully reviews military equipment exports in line with international law. "Germany has not, since 2024, authorised an export of weapons of war, with final destination in Israel that can be used in the Gaza conflict," she said.

In 2024, the court rejected an emergency request by Nicaragua seeking an order for Germany to stop military and other aid to Israel in Gaza. However, the 16-judge panel did not dismiss the case at that stage.

The proceedings are the latest legal challenge linked to Israel's campaign in Gaza. In a separate case brought by South Africa in 2023, the ICJ in January 2024 ordered Israel to do all it could to prevent death, destruction and any acts of genocide in Gaza. Two months later, the court told Israel to improve the humanitarian situation in Gaza, including by opening more land crossings for food, water, fuel and other supplies. South Africa says Israel has largely ignored those orders.

Both South Africa's case against Israel and Nicaragua's case against Germany allege violations of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which was adopted after the Holocaust. A team of independent experts appointed by the UN Human Rights Council and the largest professional organisation of scholars studying genocide have both concluded that Israel is violating the treaty, though only an international court can make a legal determination.

Cases at the ICJ can take years. In May, the court gave South Africa until November 2027 to file its written pleadings and Israel until May 2029 to respond. Hearings on the central question in that case, whether Israel committed genocide in Gaza, are not expected before late 2029 at the earliest. The court had earlier ruled in 2007 that Serbia had violated its obligation to prevent genocide in the 1995 Srebrenica massacre.

Separate proceedings are also under way at the Criminal Court in The Hague, which tries individuals rather than states. Judges there have issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over the conflict. They are accused of crimes against humanity, not genocide. The ICC said there were grounds to believe they used "starvation as a method of warfare" by restricting humanitarian aid and intentionally targeted civilians in Israel's campaign against Hamas in Gaza, allegations denied by Israeli officials. In response, the United States has imposed sanctions on several senior court staff, including nine of the ICC's 18 judges.

The Gaza conflict has killed tens of thousands of Palestinians and devastated the enclave. Despite a fragile ceasefire brokered by the United States last year, violence has continued. Since the ceasefire was announced, Israeli fire has killed more than 1,300 Palestinians in Gaza, according to Gaza's Health Ministry, while five Israeli soldiers have also been killed. The case against Germany now joins a wider set of international legal proceedings linked to the war in Gaza.

With PTI Inputs

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