Germany is asking the International Court of Justice (ICJ) to throw out Nicaragua’s case accusing Berlin of helping facilitate genocide in Gaza. The key issue this week is not yet whether Germany broke international law, but whether the court should hear the case at all.
Germany Challenges the ICJ’s Jurisdiction
Public hearings began in The Hague on September 7 and will run until September 10, with Germany presenting its arguments first. Berlin has filed preliminary objections challenging the ICJ’s jurisdiction and the admissibility of some of Nicaragua’s claims.
That could make the hearings more important than they initially appear. If the judges accept Germany’s objections, the case could end before the court examines Nicaragua’s wider allegations about Germany’s support for Israel.
Nicaragua filed the case in March 2024, arguing that Germany breached its obligations under the Genocide Convention and other international laws by providing political, financial and military support to Israel and by suspending funding for the UN agency for Palestinian refugees, UNRWA.
Why This Case Matters
The dispute places Germany’s long-standing support for Israel under international legal scrutiny. Germany has rejected Nicaragua’s allegations and says the case should not proceed.
The ICJ already declined to impose the emergency measures Nicaragua requested in April 2024. However, that did not automatically end the case. Germany’s preliminary objections later suspended proceedings on the merits while the court considers whether it has jurisdiction and whether Nicaragua’s claims are admissible.
The case also adds another legal front to the wider international debate over the war in Gaza. It is separate from South Africa’s case against Israel, although both proceedings involve questions surrounding the Genocide Convention.
What Happens Next?
Germany will make its first arguments on September 7, followed by Nicaragua on September 8. Germany gets a second round on September 9, before Nicaragua concludes the hearings on September 10.
The immediate question is therefore simple: will the ICJ allow Nicaragua’s case to move forward?
A ruling in Germany’s favour could prevent the court from reaching the substance of Nicaragua’s accusations. If Germany loses the preliminary challenge, however, the case could proceed towards a much deeper examination of Germany’s alleged role in the Gaza conflict.
