According to proceedings filed in the International Court of Justice on March 1, 2024, the Republic of Nicaragua argued that “by providing political, financial and military support to Israel and by defunding the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), Germany is facilitating the commission of genocide and, in any case, has failed in its obligation to do everything possible to prevent the commission of genocide.”
Based on the claim, Germany allegedly violated its obligations “deriving from the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”), the Geneva Conventions of 1949 and their Additional Protocols, “intransgressible principles of international humanitarian law” and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip.”
Nicaragua added that “[e]ach and every Contracting Party to the Genocide Convention has a duty under the Convention to do everything possible to prevent the commission of genocide” and that, since October 2023, there has been “a recognised risk of genocide against the Palestinian people, directed first of all against the population of the Gaza Strip”.
In addition to the declarations sought by Nicaragua from the ICJ, Nicaragua requested “the Court to indicate provisional measures as a matter of extreme urgency, pending the Court’s determination on the merits of the case, with respect to Germany’s “participation in the ongoing plausible genocide and serious breaches of international humanitarian law and other peremptory norms of general international law occurring in the Gaza Strip”.
More about the ICJ
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It was established by the United Nations Charter in June 1945 and began its activities in April 1946. The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law, legal disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and agencies of the system.
