Germany challenges ICJ jurisdiction in Nicaragua genocide case

Germany's legal delegation on Monday challenged the International Court of Justice's jurisdiction over Nicaragua's genocide case, arguing that adjudicating allegations of Berlin facilitating genocide in Gaza would first require determining the legality of Israel's actions and that Jerusalem's absence as a non-consenting third party bars proceedings.

Berlin's preliminary objections

Speaking during the first round of hearings at the Peace Palace in The Hague, Julia Monar, director-general for legal affairs at the German Foreign Ministry, defended Berlin's arms sales to Israel while acknowledging that authorities had received numerous criminal complaints regarding the exports. She noted that some applications were rejected after authorities found no grounds for investigation, while others remained under review.

Monar maintained that Germany's support for Israel could not be separated from its commitment to international humanitarian law, stating: "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 added that this support did not violate international law, citing Berlin's financial contributions to UNRWA as evidence of its commitment to Palestinian self-determination.

Procedural barriers

Antonios Tzanakopoulos, professor of public international law at the University of Oxford, argued that no legal dispute existed between Nicaragua and Germany at the time Managua filed the case, noting that Berlin had not been notified of a dispute warranting ICJ referral. Christian J. Tams of King's College London added that even if admissibility criteria were met, allegations concerning violations of international humanitarian law and the Geneva Conventions fell outside the court's jurisdiction.

Samuel Wordsworth, the final speaker for Germany, said the dispute centered on whether Israel's attacks in Gaza were lawful, arguing that the case could not proceed without Jerusalem's consent. "At the heart of Nicaragua’s claim lies its objection to Israel’s entitlement to receive military assistance from Germany," Wordsworth said, adding that Berlin was not taking a position on Israel's conduct but stressing that the court must first determine that conduct's legality before ruling on Nicaragua's allegations.

Case background

Nicaragua filed the case on March 1, 2024, accusing Germany of facilitating genocide through political, financial, and military support, including tank shells, drones, and warship ammunition. The German delegation noted that Berlin had suspended approval of export licenses for weapons usable in Gaza between Aug. 8 and Nov. 23, 2025, resuming processing only after a ceasefire agreement was reached in October 2025.

According to German magazine Der Spiegel, defense manufacturers received licenses to supply Israel with military equipment worth €800 million ($929 million) between January and June this year after restrictions were lifted. The ICJ previously rejected Managua's request for provisional measures while noting that states supplying weapons to areas where genocide occurs could bear responsibility for those crimes; Germany will complete its defense Wednesday while Nicaragua presents arguments Tuesday and Thursday.