BERLIN — Germany will not intervene on Israel’s behalf in the case against it at the International Court of Justice (ICJ) in The Hague, where it is accused of genocide in Gaza, a German Foreign Ministry spokesperson said Wednesday in a briefing to reporters, marking a shift from Germany’s position.
This marks a shift from Germany’s position in January 2024, shortly after South Africa filed the case, when the former governing center-left coalition said it would support its ally in court and “firmly rejected” the genocide accusations against Israel.
Deputy foreign ministry spokesperson Josef Hinterseher explained that Germany’s decision not to intervene stems from its own legal defense in a case filed against it by Nicaragua at the ICJ in April 2024. Nicaragua argues that Germany is violating international law, including the Genocide Convention, by supporting Israel’s assault on Gaza.
Among other demands, Nicaragua is calling on Germany to halt arms supplies to Israel and to resume funding for UNRWA.
Asked whether the decision signals that Germany no longer stands by its rejection of the genocide accusations against Israel, the spokesperson replied: “We categorically reject Nicaragua’s allegations against Germany. All other matters will have to be clarified before the court, and we do not wish to comment further.”
A number of countries have submitted declarations of intervention in South Africa’s case against Israel, most in support of South Africa. The Netherlands, Iceland and Namibia have filed interventions in recent weeks.
The case, brought by South Africa in December 2023, accuses Israel of violating the 1948 Genocide Convention through its assault on Gaza since October 2023.
Israel has so far killed over 72,000 Palestinians in Gaza, most of them women and children. South Africa argues that Israel’s actions in Gaza amount to genocide, including through killing Palestinians, causing serious bodily or mental harm and imposing conditions of life calculated to bring about the group’s destruction.
A UN commission of inquiry also concluded last September that Israel has committed genocide (the gravest crime under international law) in Gaza since 7 October 2023.
Under Article 63, interventions have already been filed by Colombia, Libya, Mexico, Palestine, Spain, Turkey, Chile, the Maldives, Bolivia, Ireland, Cuba, Belize, Brazil, the Comoros, Belgium and Paraguay.
The proceedings are one of the most closely watched disputes ever heard by the ICJ and have drawn an unusually large number of third-state interventions. The court has already ordered Israel in binding provisional measures to take steps to prevent acts that breach the Convention and to allow humanitarian aid into Gaza, while stopping short of ordering a ceasefire. Israel has been accused of repeatedly violating the court’s orders.
A final ruling on whether Israel has breached the Genocide Convention could take until 2028, according to reports.
This comes as Israel continues to violate the so-called ceasefire agreement brokered by the US, killing hundreds of Palestinians and blocking the entry of much-needed aid to the enclave. — QNN
