ICJ rejects Nicaragua's plea to stop German arms exports to Israel

The International Court of Justice (ICJ) has voiced concern over the "catastrophic living conditions in Gaza" but refrained from issuing emergency measures to stop Germany’s arms exports to Israel.

At a hearing in The Hague on Tuesday, ICJ President Nawaf Salam said Germany has been a party to major international arms control treaties, and German authorities already declared that they have limited arms exports to Israel.

“The court, by 15 votes to one, finds that the circumstances as they now present themselves to the court are not such as to require the exercise of its power under Article 41 of the statute to indicate provisional measures,” he said.

Salam, however, underlined that the United Nations’ top court remains deeply concerned about the humanitarian situation in Gaza: large number of deaths and injuries, massive destruction of homes, and the forcible displacement of the vast majority of the population.

"The court remains deeply concerned about the catastrophic living conditions of the Palestinians in Gaza, in particular, in view of the prolonged and widespread deprivation of food and other basic necessities to which they have been subjected," he said.

Nicaragua filed a case against Germany last month, accusing Berlin of facilitating genocide against Palestinians in Gaza, by providing political and military support to Israel. It requested the court to issue emergency measures for Berlin to stop its arms exports to Israel and reverse its decision to suspend funding for UNRWA.

Germany had dismissed Nicaragua’s changes and defended its political and military support for Israel's war. Germany’s legal team had argued that Berlin’s arms exports to Israel were appropriate and delivered after detailed scrutiny. The German delegation also claimed that Berlin was fulfilling its humanitarian obligations.

An endless onslaught

Israel has waged a military offensive on Gaza since Oct. 7, 2023, a cross-border attack by Hamas which killed some 1,200 people.

More than 34,500 Palestinians have since been killed, mostly women and children, and thousands of others injured amid mass destruction and severe shortages of necessities.

More than six months into the Israeli war, vast swathes of Gaza lay in ruins, pushing 85 percent of the enclave’s population into internal displacement amid a crippling blockade of food, clean water, and medicine, according to the UN.

Israel stands accused of genocide at the International Court of Justice. An interim ruling in January ordered Tel Aviv to ensure its forces do not commit acts of genocide and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza.