Germany on Monday challenged Nicaragua Claims that it violated international obligations by supplying arms to Israel, and called for the International Court of Justice (ICJ) to dismiss the complaint brought against it.
Germany reacted to this Proceedings initiated by Nicaragua in 2024 claiming that Germany had violated the Genocide Conventionmultiple times Geneva Conventions and Additional Protocolsand other conventions of international law by supplying arms to Israel as part of its continued attack on Gaza. Julia Monar, who is representing Germany in the case and alegal advisor to the German Foreign Ministry rejected the claims for jurisdictional reasons. First, Monar argued that the ICJ requires a “dispute” to exercise jurisdiction over a case and that there is no dispute because Germany did not have an opportunity to respond to Nicaragua before initiating that procedure. Second, it argued that Nicaragua’s claims related to situations that predated Germany’s voluntary submission to the jurisdiction of the International Court of Justice and were therefore excluded from litigation. Third, she argued that the case sets a new and “dangerous” precedent that the ICJ could inadvertently rule on the legality of the actions of third countries.
Monar also disputed Nicaragua’s claim that Germany “stubbornly refuses to fulfill the most fundamental obligations under international law” and emphasizes that “Germany’s domestic legal order leaves no scope for Germany’s obligations under international law.” Monar expressed Germany’s “unwavering support for the existence and security of the State of Israel… which arises from Germany’s enduring historical responsibility.” She emphasized that Germany recognizes the Palestinians’ right to self-determination and expresses its support for a two-state solution between Israel and Palestine.
Nicaragua is planned to present the first round of his oral argument September 8th. According to his Application to initiate proceedingsNicaragua will argue that by continuing to supply arms to Israel, Germany “not only failed in its obligation to prevent the genocide committed and perpetrated against the Palestinian people – including those in its constituent territory in the Gaza Strip – but also contributed to the commission of the genocide.”
Germany has one long history of supporting Israel and is Israel’s second largest arms supplier. Olaf Scholz, a German politician who was Chancellor until 2025, explained in 2023 that the “only place” for Germany is “on the side of Israel”. He described this as an “eternal task” arising from “responsibility for the Holocaust”. Nicaragua now has one long history of solidarity with Palestine. That was Nicaragua first Central American nation to establish diplomatic relations with Palestinea solidarity that is strengthened by the countries shared colonial histories.
