UN Court Hears Nicaragua's Case Against Germany Over Gaza Arms Sales

The International Court of Justice in The Hague is holding hearings on a case brought by Nicaragua against Germany, accusing Berlin of violating its obligations under the Genocide Convention by supplying arms and political support to Israel during the war in Gaza. Nicaragua argues that by continuing to arm Israel while aware of a serious risk of genocide, Germany is failing in its duty to prevent genocide. Germany is seeking to have the case dismissed.

Nicaragua's legal argument hinges on the principle that states must not only refrain from committing genocide but also take measures to prevent it. The complaint includes Germany's financial and political support for Israel, as well as its decision to halt funding for UNRWA, the UN agency for Palestinian refugees. Nicaragua contends that these actions demonstrate Germany's failure to do everything possible to prevent alleged genocide and violations of international humanitarian law.

Germany, a key ally and major arms supplier to Israel, faces a particularly sensitive situation due to its historical responsibility for the Holocaust, which led to the adoption of the Genocide Convention. The current proceedings are at a preliminary stage, focusing on Germany's preliminary objections to the court's jurisdiction and the admissibility of Nicaragua's claims. Germany argues that Nicaragua did not follow proper diplomatic procedures before filing the lawsuit and that the notification process was inadequate.

Germany also asserts that its arms exports are rigorously vetted and that since 2024, it has not authorized the supply of military-grade weapons to Israel that could be used in the Gaza conflict. While some arms exports were temporarily suspended in 2025, they have since resumed. The court previously declined Nicaragua's request for provisional measures to halt German military aid to Israel, but did not dismiss the case.

This case is proceeding in parallel with South Africa's case against Israel, which directly accuses Israel of genocide. The ICJ has not yet ruled on whether genocide has occurred in Gaza, though it did issue provisional measures in 2024 ordering Israel to prevent genocidal acts. The main hearings in the South Africa v. Israel case are not expected before late 2029. If the court allows Nicaragua's case against Germany to proceed, it could establish international responsibility for states supplying arms to allies when there is a risk of those weapons being used in actions violating the Genocide Convention, potentially impacting military aid practices globally. The hearings are scheduled to conclude on Thursday, with a decision on jurisdiction expected later.