While the court declined ordering provisional measures, it did not dismiss the case against Germany for complicity in Israel’s genocide.
ALLEGED BREACHES OF CERTAIN INTERNATIONAL OBLIGATIONS IN RESPECT OF THE OCCUPIED PALESTINIAN TERRITORY
(NICARAGUA v. GERMANY)
REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES ORDER
Nicaragua’s Position on the International Court of Justice Case against Germany
The following is a communiqué from the Government of Nicaragua on the Case of Germany in the International Court of Justice.
The Government of Reconciliation and National Unity informs the people of Nicaragua and the international community that today the International Court of Justice ruled on the request for provisional measures requested by Nicaragua against the Federal Republic of Germany for violations of the Convention on the Prevention and Punishment of the Crime of Genocide.
The Geneva Conventions of 1949 and their Additional Protocols, the non-derogable principles of international humanitarian law and other peremptory norms of general international law in relation to the Occupied Palestinian Territory, in particular the Gaza Strip. In its application to the high court Nicaragua made essentially two requests, the first that Germany suspend its military support to Israel and the second that it renew its financial support to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
The Court decided that under the circumstances it was not necessary to use interim measures today, as Germany explained that it had significantly decreased the amount of material to be exported to Israel from 200 million in October 2023 to 1 million in March 2024, and that no further arms licenses had been approved. In addition, Germany also stated that it had provided new funds for UNRWA, which as of today have been completely renewed. In this regard, Nicaragua welcomes the outcome of its campaign for Germany’s compliance with its international obligations under these Conventions and the Court’s Order in the case brought by South Africa against Israel, in which the risk of genocide in Gaza had already been pointed out.
In that regard, after reaffirming its concern about the catastrophic situation in Gaza, the Court essentially recalled that it is an obligation of all states parties that are aware or should normally be aware of the serious risk of the commission of genocide to employ all reasonable means at their disposal to prevent genocide, including Germany. Similarly, the Court noted that, under all circumstances, whether part of an armed conflict or not, the obligation to ensure compliance with international humanitarian law must be respected.
On the other hand, in its decision the Court also emphasizes that it considers it particularly important to remind all states of their international obligations regarding the transfer of arms to parties to an armed conflict, in order to avoid the risk that such arms are used to violate the aforementioned conventions.
And in this regard the Court emphasized that these obligations are incumbent upon Germany as a state party to the Conventions with regard to its provision of arms to Israel.
Finally, the Court rejected Germany’s request to dismiss the case for lack of jurisdiction, and will therefore continue with the process involving a review of Germany’s conduct before it reduced its material support to Israel, among other points.
The Government of Reconciliation and National Unity wishes to express its recognition of the Court’s decision to remind all states of their international obligations with respect to the transfer of arms to Israel, including Germany.This reaffirms that no state can ignore its obligations with respect to the risk of genocide in Gaza and other violations of international law.
The Government of Reconciliation and National Unity reaffirms its firm commitment to the rule of law at the international level and the peaceful settlement of disputes between states.
Managua, April 30, 2024
Government of Reconciliation and
National Unity
Republic of Nicaragua
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INTERNATIONALIST 360° 