The Worldwide Courtroom of Justice met for a second day on Tuesday (9 April) to listen to Germany’s rebuttal to Nicaragua’s accusation that it’s complicit in supporting potential genocide in Gaza by offering arms to Israel.
On Monday, Nicaragua’s attorneys blamed Germany for supplying Israel with main quantities of weapons, thereby aiding and abetting warfare crimes and attainable genocide.
Germany’s director of authorized affairs, Tania von Uslar-Gleichen, “firmly rejected Nicaragua’s accusations”, which she stated have been “rushed to courtroom on the idea of the flimsiest of proof.”
“Germany has at all times been an advocate for the promotion of worldwide humanitarian legislation,” stated Uslar-Gleichen. “Germany is doing its utmost to dwell as much as its duty vis-a-vis each the Israeli and Palestinian folks.”
“The scenario in Gaza is insufferable. Too many lives have been destroyed, and too many life plans have been shattered. All of us need this to finish. However this kind of strategic litigation between proxies won’t convey us nearer to this objective,” stated legislation professor Anne Peters, who additionally represented Germany.
Weapons of warfare
Germany is Israel’s second-most essential arms provider, behind solely the US in keeping with a 2023 report by the Stockholm Worldwide Peace Analysis Institute (SIPRI).
Based on German economic system ministry figures the federal government authorized the export of €326m in navy help in 2023, 10 instances greater than in 2022 — nearly all of which (€288m) got here after 30 June.
Nicaragua, citing these figures, argued this indicated Germany’s vital help for Israel’s acts of violence and attainable warfare crimes in Gaza.
The German ministry’s personal figures present that the federal government authorized warfare weapons to the tune of €20.1m.
This included licences for 3,000 moveable anti-tank weapons, 500,000 rounds of ammunition for machine and submachine weapons or computerized rifles, in addition to ignition and propelling prices for ammunition and different kinds of weapons.
In November 2023 the Monetary Occasions revealed that the German authorities created a “working group of the overseas workplace, ministry of financial affairs and workplace for export management” tasked with expediting Israeli arms requests.
Not fairly, says Germany
However on Tuesday worldwide professor Christian Tams, representing Germany, sought to refute this picture and stated that just about all German navy exports to Israel since 7 October have been “defensive in nature.”
He stated that “98 p.c of the licences granted didn’t concern warfare weapons however different navy tools” and that 25 p.c of the exports to Israel have been meant for processing in Israel and subsequent re-export to Germany.
He additionally claimed that exports to Israel have drastically decreased since October 2023 and that 80 p.c of the export of warfare weapons occurred in “the speedy context of Hamas’ horrendous assaults” in October.
Based on information supplied by Germany’s advocates, the amount of exports in October amounted to €203m, whereas the entire provide in 2024 amounted to €590,000 in February and €1.06 million in March, respectively, indicating a big decline.
“These [2024] exports have been meant for binocular lenses, hydrogen storage for submarines, and infrared expertise for defence towards guided missiles,” stated Tams. “These aren’t gadgets that can be utilized to commit warfare crimes.”
He stated the German Bundestag additionally granted Israel’s armed forces sanitary supplies and helmets.
Germany can also be accused of getting handed over two Heron drones. Nonetheless, Germany now claims that the 2 Heron drones are, in truth, Israeli drones.
“At no level have they left Israel,” stated Tams. “German troopers have been educated on these drones per the lease settlement. After 7 October, German navy personnel left Israel.”
Defunding UNRWA
Germany’s attorneys additionally claimed that the federal government didn’t “defund” the United Nations Reduction and Works Company for Palestine Refugees (UNRWA) in January however reasonably quickly paused the approval of extra funds.
Nicaragua had requested the courtroom to order Germany to renew its financing of UNRWA, which it halted in January.
“We’re quickly holding off on approving additional funding for UNRWA in Gaza,” stated Tams, till Israel’s accusations concerning 12 of its workers supposedly being concerned within the Hamas assaults of seven October is resolved.
As of now, it is unclear if Israel’s accusations towards UNRWA have any proof.
Janez Lenarcic, the EU Fee’s head of humanitarian assist, stated Israel had not introduced proof to him or another UNRWA donor.
“Even when these allegations do grow to be true,” he stated in March, “that does not routinely make UNRWA the perpetrator.”
Much like South Africa’s genocide case towards Israel, the ICJ will possible take years to achieve a ultimate ruling on Nicaragua’s case towards Germany.
However the courtroom is anticipated to make an interim resolution inside weeks.