Germany denies breaching international obligations by supplying weapons to Israel

Germany on Monday challenged Nicaragua’s claims that it has breached international obligations by supplying weapons to Israel, asking the International Court of Justice (ICJ) to dismiss the case brought against it. Germany responded to proceedings instituted by Nicaragua in 2024 alleging that Germany breached the Genocide Convention, multiple Geneva Conventions and Additional Protocols, and other conventions of international law by supplying weapons to Israel in its continued attack on Gaza. Julia Monar, who acts as the agent of Germany in the case and is a legal adviser of the German foreign ministry, denied the claims on jurisdictional grounds. First, Monar argued that the ICJ requires a “dispute” in order to exercise jurisdiction over a case and that there is no dispute because Germany did not have the opportunity to respond to Nicaragua before the latter instituted proceedings. Second, she argued that Nicaragua’s claims refer to situations that predate Germany’s voluntary submission to the jurisdiction of the ICJ, which are therefore precluded from being litigated. Third, she argued that the case raises a new and “dangerous” precedent that the ICJ can inadvertently rule on the legality of the actions of third-party countries. Monar also denied Nicaragua’s claim that Germany “persistently refuses to meet the most fundamental obligations imposed by international law,” insisting that “Germany’s domestic legal regime does not leave any leeway for Germany’s obligations under international law.” Monar expressed Germany’s “unwavering support for the existence and security of the state of Israel … resulting from Germany’s lasting historical responsibility.” She emphasized that Germany recognized Palestinians’ right to self-determination, expressing support for a two-state solution between Israel and Palestine. Nicaragua is scheduled to deliver the first round of its oral argument on September 8. According to its application instituting proceedings, Nicaragua is set to argue that by continuing to supply weapons to Israel, Germany “has not only failed to fulfil its obligation to prevent the genocide committed and being committed against the Palestinian people – including those in its component part in the Gaza Strip – but has contributed to the commission of genocide.” Germany has a long history of assisting Israel and is the second-largest supplier of arms to Israel. Olaf Scholz, a German politician who served as chancellor until 2025, declared in 2023 that the “only place” for Germany is by “Israel’s side.” He framed this as a ‘perpetual task’ arising from a “responsibility for the Holocaust.” Meanwhile, Nicaragua has a long history of solidarity with Palestine. Nicaragua was the first Central American nation to set up diplomatic relations with Palestine, a solidarity strengthened by the countries’ shared histories of colonization.