Nicaragua, a strong advocate for the Palestinian cause, is expanding the legal fight over the Gaza conflict at the International Court of Justice by initiating a case against Germany, a key arms supplier to Israel.
Nicaragua’s argument is centered on the accusation that “Germany is aiding in the perpetration of genocide” in Gaza by supporting Israel with military and financial assistance, thus violating the Genocide Convention. The plea includes a request for urgent measures to compel Berlin to cease its support for Israel during wartime.
During the hearings that commenced on Monday at The Hague, Nicaragua is expected to present its case that Germany is complicit in serious violations of the Geneva Conventions by Israel, particularly in failing to protect civilians in times of armed conflict.
This legal action by Nicaragua raises significant questions about the accountability of nations that have supplied weaponry to Israel for the Gaza conflict.
Legal experts suggest that Germany, as Israel’s second-largest arms provider, is a more viable target for a lawsuit compared to the United States. Germany has granted full jurisdiction to the International Court of Justice, while the United States only acknowledges its jurisdiction with explicit consent from Washington.
Nicaragua’s case marks the third instance this year where the Israeli-Palestinian conflict is being addressed at the court.
South Africa was the first to seek urgent measures from the court, claiming that Israel was on the verge of committing genocide, a claim that Israel vehemently denies. The court instructed Israel to ensure compliance with the Genocide Convention, which Israel is a signatory to. The convention prohibits actions aimed at destroying a national, ethnic, racial, or religious group, either wholly or partially.
South Africa has also brought up the issue of hunger in Gaza to the I.C.J. and secured a ruling mandating Israel to allow the delivery of essential supplies promptly. Despite the court’s authority, it lacks enforcement mechanisms to ensure Israel’s compliance. Israel has refuted allegations of deliberate starvation in Gaza.
In February, the court addressed a case requested by the United Nations General Assembly regarding the legality of Israel’s occupation of Palestinian territories. The hearings, scheduled prior to the conflict, witnessed input from over 50 countries expressing outrage over Israel’s assaults on Gaza and the rising civilian death toll, including many children.
The Nicaraguan case is more comprehensive than South Africa’s, citing violations of the Geneva Conventions and the genocide convention, and emphasizing the need for civilian protection. It also accuses Israel of other ”unlawful” actions in the occupied territories.
While the court has yet to accept the case, it is obligated to promptly address requests for urgent measures, as in this instance.
Israel, which is…
2024-04-08 04:23:26
Link from www.nytimes.com
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