Nicaragua has brought Germany before the International Court of Justice on charges of facilitating genocide in Gaza. Germany has rebuked the claims.Germany on Tuesday blamed Nicaragua for having a "one-sided" view of the Israel-Hamas war.

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Berlin was defending itself at the International Court of Justice (ICJ) against charges brought by Nicaragua that its support for Israel enables genocide and breaches of international humanitarian law in Gaza.

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The head of Germany's legal team, Tania von Uslar-Gleichen said Nicaragua's case ignores "facts and the law."

She cited the continuous humanitarian support for civilians.

"Where Germany has provided support to Israel, including in a form of export of arms and other military equipment, the quality and purposes of these supplies have been grossly distorted by Nicaragua," Tania von Uslar-Gleichen said.

She also said, "unlike Nicaragua, Germany is not blind to the fact that Hamas also has obligations under international humanitarian law."

Nicaragua has asked the UN's highest court, also known as the World Court, to halt German military arms exports to Israel and reverse its decision to stop funding the UN Palestinian refugee agency UNRWA.

It follows a separate case in January when the court ordered Israel to take "every possible measure" to avoid genocidal acts in its war against Palestinian militants in Gaza, after South Africa accused Israel of genocide.

Israel has denied that its operation in Gaza amounts to genocidal acts, saying it is acting in self-defense after Hamas-led militants stormed into southern Israel on October 7 and killed more than 1,200 people, including around 800 civilians.

German arms exports to Israel

On Monday, Nicaragua pointed out that Berlin remains one of the major arms exporters to Israel. According to the Stockholm International Peace Research Institute, Germany is the second-largest supplier of arms to Israel after the US.

"The picture presented by Nicaragua is at best inaccurate, and at worst, it is a deliberate misrepresentation of the actual situation," Christian Tams, who is on Germany's legal team, told the court on Tuesday.

He said no artillery shells and no munitions have been exported to Israel since October 2023.

Tams added arms export licenses are assessed on a case-by-case basis and exceed international requirements.

"For every license that is granted, the German government assesses whether there is a clear risk that the particular item, subject to licensing, would be used in the commission of genocide, crimes against humanity or great breaches of the Geneva Convention."

Nicaragua argues risk of genocide is clear

On Monday, Nicaragua argued that Germany is in breach of the 1948 United Nations Genocide Convention.

More than 33,000 Palestinians, mostly women and children, have been killed over the last six months in Gaza, according to the Health Ministry in the Hamas-led territory. Various UN and other humanitarian aid agencies have warned Gaza is on the brink of famine.

"There can be no question that Germany [...] was well aware, and is well aware, of at least the serious risk of genocide being committed," Nicaragua's ambassador Carlos Jose Arguello Gomez told the court.

Nicaragua asked the ICJ to decide "provisional measures" to order Germany to "immediately suspend its aid to Israel, in particular, its military assistance including military equipment in so far as this aid may be used in the violation of the Genocide Convention" and international law.

It also wants the court to order Germany to resume funding to UNRWA in Gaza.

But Germany's von Uslar-Gleichen told the court Germany remains the largest individual donor of humanitarian aid to Palestinians.

"Germany is doing its utmost to live up to its responsibility vis-a-vis both the Israeli and the Palestinian people," she said.

Tams said that Germany has since resumed funding for UNRWA operations, a fact "ignored by Nicaragua."

Her colleague, Tams, said Germany has resumed funding for UNRWA operations, a fact "ignored by Nicaragua."

The court will likely take weeks to deliver its preliminary decision, and the bigger case could take years to finalize.

Germany's commitment to support Israel

Germany has been one of Israel's staunchest allies in the wake of the Hamas attacks.

"Our own history, our responsibility arising from the Holocaust, makes it a perpetual task for us to stand up for the security of the state of Israel," Chancellor Olaf Scholz said days after the attack.

But Berlin has gradually shifted its tone over the last six months, becoming increasingly critical of the humanitarian situation in Gaza and speaking out against a ground offensive in Rafah.

lo/ab (AFP, AP, dpa, Reuters)

(The above story first appeared on LatestLY on Apr 09, 2024 04:00 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).