Germany Rejects Allegation It’s Enabling Genocidal Acts In Gaza | EUROtoday

THE HAGUE, Netherlands (AP) — Germany on Tuesday strongly rejected a case introduced by Nicaragua on the United Nations’ high court docket accusing Berlin of facilitating breaches of the Geneva Convention and worldwide humanitarian legislation by offering arms and different assist to Israel in its lethal assault on Gaza.

“The minute we look closely, Nicaragua’s accusations fall apart,” Christian Tams, a member of Germany’s authorized crew, informed the 16-judge panel on the International Court of Justice.

On Monday, Nicaragua urged judges to order a halt to German navy help to Israel, arguing that Berlin’s assist permits acts of genocide and breaches of worldwide humanitarian legislation in Gaza.

The head of Germany’s authorized crew, Tania von Uslar-Gleichen, stated Nicaragua’s claims “have no basis in fact or law. They are dependent on an assessment of conduct by Israel, not a party to these proceedings.”

Preliminary hearings held Monday and Tuesday are centered solely on Nicaragua’s request for so-called provisional measures, together with a court docket order for Berlin to halt navy and different help to Israel and reinstate funding to the U.N. help company in Gaza.

Closing Germany’s arguments, Von Uslar-Gleichen urged judges to not impose preliminary measures and to toss out Nicaragua’s case.

Tams stated that Germany had licensed solely 4 exports of weapons of warfare to Israel since October, “three of which concern test or practice equipment.” He stated 98% of navy exports to Israel for the reason that Oct. 7 assaults weren’t weapons of warfare, however different tools.

Showing judges a photograph of German help being airdropped over Gaza, Tams added that Berlin continues to offer humanitarian assist to Palestinians “every single day under extremely difficult conditions, constructively engaging with international partners.”

Nicaragua’s case is the newest authorized try and rein in Israel’s offensive by a rustic with historic ties to the Palestinian individuals, after South Africa accused Israel of genocide on the similar court docket late final 12 months. It additionally comes towards a backdrop of rising requires Israel’s allies to cease supplying the nation with weapons — and as some supporters, together with Germany, have grown extra crucial of the warfare.

Speaking in Berlin, German Foreign Minister Annalena Baerbock informed reporters that “from day one after Oct. 7, Germany has faced up to the incredible dilemma that Hamas deliberately entrenched itself behind civilians, deliberately used the human suffering of Palestinians and Palestinians in Gaza to expand its attack on Israel.”

Echoing feedback by the German attorneys in court docket, Baerbock added that Germany is dedicated to worldwide legislation, together with the precise to self-defense.

“This means that Israel has the right to defend itself, like every country in the world, against these terrorist attacks that continue to be carried out with the aim of destroying Israel as a state,” she stated.

At Monday’s hearings, Nicaragua’s Ambassador to the Netherlands, Carlos José Argüello Gómez, accused Germany of “failing to honor its own obligation to prevent genocide or to ensure respect of international humanitarian law.”

However, one other lawyer for Germany, Samuel Wordsworth, argued that the court docket couldn’t rule Germany was violating the duty to stop genocide as a result of its judges haven’t dominated that Israel is breaching the Genocide Convention.

In a preliminary part of the case introduced late final 12 months by South Africa, the U.N. court docket has stated that it’s “plausible” that Israel’s actions in Gaza may quantity to breaches of the conference.

“How can it be said that there was a failure to ensure respect of a third state, if the failure on the part of that third state to respect is not established in the first place?” Wordsworth stated.

The court docket will possible take weeks to ship its preliminary determination, and Nicaragua’s case will in all probability drag on for years.

Israel strongly denies that its assault quantities to genocidal acts, saying it’s performing in self protection after Hamas-led militants stormed into southern Israel on Oct. 7, killing some 1,200 individuals.

Since then, greater than 33,000 Palestinians have been killed in Gaza, in response to the territory’s Health Ministry. Its toll doesn’t differentiate between civilians and combatants, however it has stated girls and youngsters make up nearly all of the lifeless.

According to the Stockholm International Peace Research Institute, Germany is second solely to the U.S. in supplying arms to Israel — however it might be more durable, if not unattainable, for the U.S. to be introduced earlier than the court docket as a result of Washington doesn’t acknowledge the ICJ’s energy to compel nations to look earlier than it. The U.S. additionally has not signed a protocol to the Genocide Convention that enables nations to convey disputes to the court docket.

Associated Press author Kirsten Grieshaber in Berlin contributed to this report.