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Nicaragua sues Germany of 'facilitating genocide' against Palestine at UN court

FP Staff April 8, 2024, 10:10:41 IST

Nicaragua contends that Germany’s military aid and defunding of the UNRWA (UN agency for Palestinian refugees) contribute to the commission of genocide. The submission also criticizes Germany for its privileged relationship with Israel

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Nicaragua has brought charges against Germany at the International Court of Justice (ICJ) Monday, accusing the country of “facilitating the commission of genocide” against Palestinians through its military and political support for Israel.

At the ICJ, Nicaragua is seeking emergency measures to halt Germany’s provision of weapons and other assistance to Israel. The Central American nation argues that such actions violate the 1948 United Nations Genocide Convention, established in response to the Holocaust.

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Germany has refuted these allegations, with Sebastian Fischer, spokesman for the German foreign ministry, stating: “We reject the allegations from Nicaragua.” Fischer affirmed that Germany has not breached the Genocide Convention or international humanitarian law, and vowed to defend its position before the ICJ.

In a 43-page submission to the court, Nicaragua contends that Germany’s military aid and defunding of the UNRWA (UN agency for Palestinian refugees) contribute to the commission of genocide. The submission also criticizes Germany for its privileged relationship with Israel, which Nicaragua believes should enable Germany to influence Israel’s conduct.

Nicaragua has urged the ICJ to issue provisional measures, highlighting the urgent need to protect the lives of hundreds of thousands of people. The court is expected to hear Nicaragua’s case on Monday, with Germany set to respond the following day.

- ‘Appropriate reaction’ -

The ICJ was set up to rule in disputes between nations and has become a key player in the war between Israel and Hamas militants that erupted after the October 7 attacks.

In a separate case, South Africa has accused Israel of perpetrating genocide in the Gaza Strip, charges Israel vehemently denies.

In that case, the court ordered Israel to do everything in its power to prevent genocidal acts and recently toughened its stance, ordering additional measures obliging Israel to step up access to humanitarian aid.

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The court’s rulings are binding but it lacks an enforcement mechanism – for example it has ordered Russia to stop its invasion of Ukraine, to no avail.

Nicaragua has requested five provisional measures, including that Germany “immediately suspend its aid to Israel, in particular its military assistance including military equipment.”

It also calls on the court to order Germany to “reverse its decision to suspend the funding of UNRWA.”

Germany said in January it was halting funding pending a probe into Israeli accusations that several UNRWA staff members took part in the October 7 assault.

Nicaragua said in its submission that “it could be comprehensible” that Germany would support an “appropriate reaction” by ally Israel to the October Hamas attacks.

“But this cannot be an excuse for acting in violation of international law,” said Nicaragua.

On Friday, German Foreign Minister Annalena Baerbock said that Israel had “no more excuse” to delay aid getting into Gaza.

The bloodiest-ever Gaza war began with Hamas’s unprecedented October 7 attack on Israel that resulted in the deaths of 1,170 Israelis and foreigners, most of them civilians, according to an AFP tally based on official Israeli figures.

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Palestinian militants also took around 250 hostages, about 130 of whom remain in Gaza, including 34 the army says are dead.

Israel’s retaliatory campaign has killed at least 33,175 people, according to the health ministry in Hamas-run Gaza, while the United Nations has warned of “catastrophic” hunger.

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