Julia Monar, representing Germany at the International Court of Justice (ICJ), stated that the judges do not have jurisdiction to make a decision in this case and dismissed Nicaragua’s allegations as “inaccurate and distorted.”
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Nicaragua filed a case against Germany at the ICJ in The Hague, claiming that Berlin’s support for Israel, especially arms exports, violates the 1948 UN Genocide Convention.
Starting the four-day hearings, J. Monar told the ICJ judges that “the conditions on which this court’s jurisdiction is based are not met” in this case.
To the court, which resolves legal disputes between states, J. Monar said that such a case, far from fitting the classical definition of a bilateral dispute, is being requested for the first time in ICJ history.
“Neither Nicaragua nor Germany are parties to the real issue of this case – the Israeli-Palestinian conflict,” noted J. Monar.
According to J. Monar, this means the Court should declare it lacks competence to decide on this case.
The case was initiated in 2024, when Israel launched an offensive in the Gaza Strip. Nicaragua urged the ICJ judges to take urgent measures to force Berlin to stop any assistance to Israel, especially military equipment.
In April of the same year, the court rejected Nicaragua’s request, stating that “the circumstances as they currently stand” do not justify urgent orders.
Nevertheless, the case is still being heard, and Germany is now seeking its dismissal, convincing the judges that they lack authority to decide on this case or that Nicaragua’s arguments are unfounded.
According to the ICJ statement, Berlin submitted so-called “preliminary objections regarding the court’s jurisdiction and the admissibility of certain claims.”
“Inaccurate and distorted”
Speaking about this admissibility, J. Monar said: “Nicaragua’s statements of fact are not only inappropriate at this stage of the proceedings but also create an inaccurate and distorted picture.”
“Strict licensing requirements, exceeding international standards, apply to all German military technology and equipment exports to Israel, as well as to any other country,” she said.
J. Monar noted “strong German support for the existence and security of the State of Israel,” but also added that it is one of the world’s largest bilateral donors to the Palestinian territories.
According to J. Monar, Germany seeks long-term peace in the Gaza Strip, and Nicaragua shares this goal.
“However, Germany has serious doubts whether the case brought by Nicaragua to your Court will bring us any closer to this common goal,” she said. “Therefore, Germany respectfully asks the Court to dismiss Nicaragua’s claims.”
During the court hearings in April 2024, Nicaragua stated that Germany’s actions in providing aid to the Gaza Strip while simultaneously supplying arms to Israel are deplorable.
Nicaragua’s ambassador to the Netherlands, Carlos Jose Arguello Gomez, then told the court: “It seems that Germany cannot distinguish self-defense from genocide.”
The court at the Peace Palace, where the hearings are held, will hold four days of sessions, and Nicaragua will submit its response on Tuesday.
It takes the court on average six months to make decisions in such cases.
The court may side with Germany and dismiss the case entirely or make a ruling against Berlin, which would mean the case would be examined in more detail.
This procedure is separate from another high-profile ICJ case in which South Africa accuses Israel of committing genocide in the Gaza Strip. Israel denies this.
ICJ decisions are binding, but the Court has no power to enforce them.
For example, it ordered Russia to stop the invasion of Ukraine, but this demand was ignored in the Kremlin.
