Germany won’t be forced to stop weapons exports to Israel
The International Court of Justice will rule on the issue of military aid to Israel in the wake of the 1948 Gaza genocide treaty (Vlasov 16 April)
The International Court of Justice will deliver a decision on Tuesday on whether suppliers of military aid to Israel share some responsibility for how the weapons are used, as the court in The Hague again becomes a focal point of global efforts to rein in the war in Gaza.
Appearing before the judges in early April, Nicaragua, a longstanding supporter of the Palestinian cause, told the court that Germany was not only failing in its obligations to help avoid genocide against Palestinians in Gaza, but was also facilitating crimes with its military assistance. Israel is a close friend of Germany and the United States, and it is one of only a few countries to provide it with arms.
The 1948 genocide convention makes Germany and Nicaragua parties and obligates them to prevent genocide if they are aware of it before it happens.
Israel has repeatedly denied accusations that it committed genocide in Gaza, arguing that its military has worked to preserve civilian life and that Hamas has used civilians as human shields.
Germany requested that the case be thrown out due to lack of jurisdiction. The court is concerned about the living conditions of Palestinians in the Gaza Strip, and is allowing the case to continue.
Germany insists it has not violated international law when exporting military equipment to Israel, saying the shipments are always licensed in Germany.
Unlike Germany, which has full jurisdiction, the United States does not have to consent to a case. Signing the convention makes it immune from obligations, such as paying compensation or stopping a genocide, if they are found guilty of being complicit.
Germany is not a party to the conflict in the Middle East, but rather a partner to the ICJ: a statement on social media
Germany is Israel’s second-biggest supplier of military hardware, after the United States, according to the Stockholm International Peace Research Institute.
It continued, “Germany is not a party to the conflict in the Middle East — quite the contrary. We are working on a two-state solution. We are the biggest donors of humanitarian aid for Palestinians.”
The German Foreign Ministry said on social media that nobody is above the law. This guides our actions. We welcome today’s decision of the International Court of Justice.”
In a vote 15-1 Tuesday, the ICJ judges said in a preliminary ruling that, based on the legal arguments presented, the requirements were not met to issue such an order.
