The court’s decision not to issue orders has been grounded in its assessment that Nicaragua’s presented circumstances did not necessitate emergency measures.
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People gather to take part in a pro-Palestinian rally in Berlin, Germany, Saturday, Nov. 4, 2023 (AP)
The International Court of Justice judges on Tuesday decided not to issue urgent orders halting German arms exports to “Israel”, noting that they remain deeply concerned about the conditions in Gaza.
However, the court did not honor Germany’s plea to dismiss the case, allowing it to proceed.
“The court remains deeply concerned about the catastrophic living conditions of the Palestinians in the Gaza Strip, in particular, in view of the prolonged and widespread deprivation of food and other basic necessities to which they have been subjected,” presiding judge Nawaf Salam added.
In a different yet related context, Israeli Prime Minister Benjamin Netanyahu said if the International Criminal Court issues arrest warrants for government officials on charges related to the conduct of its war on Gaza it would be tantamount to a “scandal on a historic scale.”
“The possibility that they will issue arrest warrants for war crimes against IDF commanders and state leaders, this possibility is a scandal on a historic scale,” Netanyahu said.
Slamming any such decision by the World Court, Netanyahu insisted on moving along with the genocide in Gaza. “I want to make one thing clear: no decision, neither in The Hague nor anywhere else, will harm our determination to achieve all the goals of the war – the release of all our hostages, a complete victory over Hamas and a promise that Gaza will no longer pose a threat to Israel,” he said.
Read next: Rafah invasion will happen with or without exchange deal: Netanyahu
The big picture
On April 8, Nicaragua brought Germany before the ICJ in a bid to halt Berlin’s provision of weapons and other support to “Israel”.
In earlier court sessions, legal representatives from both nations clashed over the matter, with Nicaragua condemning Germany’s dual role of arming “Israel” while providing aid to the people of Gaza as “pathetic”. Germany, in response, affirmed “Israel’s” security as a fundamental aspect of its foreign policy and accused Nicaragua of distorting its military assistance to “Israel”.
Christian Tams, representing Germany, told the Court, “The moment we look closely, Nicaragua’s accusations fall apart.”
Nicaragua has petitioned the ICJ for five immediate measures, including the suspension of Germany’s aid to “Israel”, particularly its military support and equipment provisions.
Read more: Nicaragua shuts embassy in Germany amid ICJ case for abetting genocide
Germany is “Israel’s” second major arms supplier behind the US. In March, the SIPRI institute reported that sixty-nine percent of “Israel’s” arms acquisitions in 2023 came from US corporations, and 30% came from Germany.
Earlier this month, four human rights organizations filed a domestic complaint in Germany on behalf of five identified Palestinians who reported their lives are in danger due to the collective punishment campaign by “Israel”. They have lost family, homes, and employment as a result of the Israeli aggression.
The European Center for Constitutional and Human Rights (ECCHR), one of the main litigants, expressed that “it is reasonable to believe that the German government is in violation of the arms trade treaty, the Geneva conventions and its obligations under the genocide convention – agreements that Germany has ratified.”
The action, expected to be addressed in writing, would have the biggest practical impact on Germany’s sale of 3,000 anti-tank missiles.
Wolfgang Kaleck, the ECCHR General Secretary, stated that “Germany cannot remain true to its values if it exports weapons to a war where serious violations of international humanitarian law are apparent.”
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