Germany challenges ICJ jurisdiction in Nicaragua’s case over Berlin's alleged ‘support for Gaza genocide’

Germany on Monday challenged the jurisdiction of the International Court of Justice (ICJ) in a case brought by Nicaragua accusing Berlin of providing political, financial, and military support for the genocide in Gaza.

Hearings in the case filed by Nicaragua against Germany began at the Peace Palace in The Hague.

During the first round of hearings, the German delegation presented its preliminary objections to the court's judges.

Germany argued that adjudicating the case would first require a determination on the legality of Israel's actions in Gaza. It maintained, however, that the case could not legally proceed to the merits because Israel, a third party, is neither a party to the proceedings nor has it consented to them.

Julia Monar, director-general for legal affairs and legal adviser at the German Foreign Ministry, was the first to address the court on behalf of Germany.

She said the country had received many requests and criminal complaints concerning its arms sales to Israel.

Monar said some applications had been taken under review, while others had been rejected after authorities determined there were no grounds to open an investigation.

She argued that German authorities and judicial bodies had provided complainants and applicants with detailed information about the reasons for those decisions.

Maintaining that Germany's support for Israel could not be separated from its commitment to complying with international humanitarian law, Monar said: "Our unwavering support for the existence and security of the State of Israel forms the core of German-Israeli relations, arising from Germany's enduring historical responsibility."

She argued that this support did not amount to a violation of international law, citing Germany's financial contributions to the UN agency for Palestinian refugees (UNRWA) as evidence of its support for the Palestinian people's right to self-determination.

Monar also said Germany suspended the approval of export licenses for weapons that could be used in Gaza between Aug. 8 and Nov. 23, 2025.

She said the processing of arms export licenses resumed only toward the end of 2025, arguing that the decision was directly linked to the ceasefire agreement reached in October 2025.

After Germany lifted the export restrictions on Nov. 24, 2025, German defense manufacturers were granted licenses to supply Israel with military equipment worth a total of €800 million ($929 million) between January and June this year.

According to German magazine Der Spiegel, the information was contained in a written response by the German Economy and Energy Ministry to a parliamentary question submitted by the opposition Left Party, or Die Linke.

Antonios Tzanakopoulos, a professor of public international law at the University of Oxford and the second speaker for Germany, argued that no dispute existed between Nicaragua and Germany.

Tzanakopoulos said Germany had not been notified of a dispute warranting referral to the ICJ at the time Nicaragua filed the case.

He argued that the admissibility requirements necessary for the case to be brought before the court, namely, the existence of a dispute and its recognition by the parties, had not been met.

The case should therefore be dismissed on procedural grounds without proceeding to the merits, he added.

CLAIMS FALL OUTSIDE ICJ JURISDICTION

Christian J. Tams, a professor of international law at King's College London and the third speaker for Germany, argued that even if a dispute were deemed to exist between the two countries and the case were found to meet the admissibility criteria, some of Nicaragua's allegations against Germany still fell outside the ICJ's jurisdiction.

Tams maintained that the court had no jurisdiction to adjudicate allegations concerning violations of international humanitarian law, the Geneva Conventions, or general principles of law.

Samuel Wordsworth, the final speaker on behalf of the German delegation, said the dispute between the two countries stemmed from the question of whether Israel's attacks and actions in Gaza were lawful.

Arguing that the case could not proceed without Israel being a party to the proceedings and giving its consent, Wordsworth said: "At the heart of Nicaragua's claim lies its objection to Israel's entitlement to receive military assistance from Germany."

Wordsworth said Germany was not taking a position on Israel's actions in Gaza, but was merely stressing that the court would first have to determine whether Israel's conduct was lawful before ruling on Nicaragua's allegations.

He therefore maintained that the case could not legally proceed in Israel's absence.

Germany will complete its defense on Wednesday during the second round of hearings, while Nicaragua will present its oral arguments to the court on Tuesday and Thursday.

NICARAGUA'S CASE AGAINST GERMANY

Nicaragua filed a case against Germany at the ICJ on March 1, 2024, accusing Berlin of "facilitating the commission of genocide" by providing Israel with political, financial, and military support.

During hearings in April 2024, Nicaragua argued that Germany was Israel's second-largest arms supplier and could not have been unaware that the munitions were being used in the genocide in Gaza.

It also pointed out that Germany had sent tank shells, drones, and warship ammunition to Israel while cutting aid to Palestinians.

Germany rejected allegations that it had supported Israel's genocide in Gaza, arguing that its arms exports complied with international law and were subject to rigorous licensing reviews.

The ICJ ruled that there was not a sufficient degree of urgency to justify ordering provisional measures, but drew attention to the prolonged and widespread deprivation of food and other basic necessities among civilians.

The court's ruling stressed that states supplying weapons to an area where genocide and other war crimes are being committed could potentially be held responsible for those crimes.

After lifting partial restrictions on arms exports to Israel, which stands accused of committing genocide in Gaza, the German government approved the delivery of around €800 million worth of military equipment to the country.

Following the ICJ's rejection of Nicaragua's request for provisional measures, proceedings will continue until a final judgment is issued on the merits of Nicaragua's claims.