Top UN court to hold hearings in case accusing Germany of helping Israel in Gaza conflict – Technologist

Preliminary hearings open on Monday at the United Nations’ top court in a case that seeks an end of German military and other aid to Israel, based on claims that Berlin is “facilitating” acts of genocide and breaches of international law in the Israel-Gaza war.

Israel strongly denies its military campaign amounts to breaches of the Genocide Convention.

“We are calm and we will set out our legal position in court,” German Foreign Ministry spokesman Sebastian Fischer said ahead of the hearings.

“We reject Nicaragua’s accusations,” Fischer told reporters in Berlin on Friday. “Germany has breached neither the genocide convention nor international humanitarian law, and we will set this out in detail before the International Court of Justice.”

The court will probably take weeks to deliver its preliminary decision and Nicaragua’s case will probably drag on for years.

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“The case next week in The Hague will likely further galvanise opposition to any support for Israel,” said Mary Ellen O’Connell, a professor of law and international peace studies at the University of Notre Dame.

Berlin, however, has gradually shifted its tone as civilian casualties in Gaza have soared, becoming increasingly critical of the humanitarian situation in Gaza and spoken out against a ground offensive in Rafah.

Nicaragua’s government, which has historical links with Palestinian organisations dating back to their support for the 1979 Sandinista revolution, was itself accused earlier this year by UN-backed human rights experts of systematic human rights abuses “tantamount to crimes against humanity”. The government of President Daniel Ortega fiercely rejected the allegations.

The court last week ordered Israel to take measures to improve the humanitarian situation in Gaza, including opening more land crossings to allow food, water, fuel and other supplies into the war-ravaged enclave.

On Friday, Israel said it is taking steps to increase the flow of humanitarian aid into Gaza, including reopening a key border crossing into northern Gaza.

Nicaragua argues that by giving Israel political, financial and military support and by defunding the United Nations aid agency for Palestinians, UNWRA, “Germany is easing the commission of genocide and, in any case has failed in its obligation to do everything possible to prevent the commission of genocide”.

Israel strongly denies that its assault amounts to genocidal acts, saying it is acting in self defence. Israeli legal adviser Tal Becker told judges at the court in January that the country is fighting a “war it did not start and did not want”.