Tribunal of the International Court of Justice.
The International Court of Justice today rejected Nicaragua's request to the International Court of Justice to issue an emergency restraining order against the supply of weapons by Germany to Israel, but at the same time it did not completely suspend the case, as Germany wished.
Nicaragua sued Germany against the International Court of Justice in The Hague in early March, asking the judge to issue an order for emergency measures prohibiting Germany from providing arms and other assistance to Israel in the context of the conflict in Gaza.
Nicaragua considers that Germany's provision of military equipment to Israel and the cessation of funding of the United Nations Specialized Agency for Palestine Refugees, the United Nations Relief and Works Agency for Palestine Refugees, are in violation of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide.
Germany is a staunch ally of Israel and the second largest supplier of arms to Israel after the United States. Germany was also one of the 15 Western countries that suspended funding to UNRWA in the Gaza conflict, citing the alleged involvement of some of its staff in the Hamas attack on Israel on 7 October. Last week, Germany announced the full resumption of funding for UNRWA.
The case continues
In its order, the Court stated that it remained deeply concerned about the situation in Gaza and "reminded all States of their international obligations with regard to the transfer of weapons to parties to armed conflict in order to avoid the possibility that such weapons could be used in violation of the Genocide Convention and the Geneva Conventions of 1949 on international humanitarian law".
Fifteen judges favoured today's decision, while one ad hoc judge disagreed.
The Court's order stated that "Germany, as a State party to the above-mentioned Convention, is under an obligation to fulfil all these obligations in the event of the supply of weapons to Israel".
Finally, the Court held that, in the absence of a manifest lack of jurisdiction, it could not accede to Germany's request to remove the case from the Court's list of pending cases.
Since the court refused to abandon the case altogether, it means that the case will continue to be heard before the International Court of Justice, which analysts believe could last for years.
The International Court of Justice is the principal judicial organ of the United Nations. It was established in June 1945 under the Charter of the United Nations and began its activities in April 1946. The Court is composed of 15 judges elected by the General Assembly and the Security Council for a term of nine years. The Court is located at the Peace Palace in The Hague, the Netherlands. The role of the Court is twofold: first, to settle legal disputes submitted to it by States in accordance with international law;
