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Germany faces Gaza genocide charge at top UN court

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Simon Young
April 8, 2024

The International Court of Justice in The Hague has begun hearing the case brought by Nicaragua. The suit argues that by defunding UNRWA and supporting Israel, Germany is "facilitating genocide" in the Gaza Strip. German politicians have rejected the claims as unfounded.

The International Court of Justice in the Hague. Judges here rule in disputes between nations such as the current case brought by South Africa alleging that Israel is committing genocide in the Gaza Strip.

Nicaragua's case before the ICJ is separate but related.

It claims Germany is facilitating an Israeli genocide against Palestinians. A charge the German government rejects.

Foreign Ministry Spokesman Sebastian Fischer: "Germany has violated neither the Genocide Convention nor international humanitarian law, and we will set this out in detail before the International Court of Justice."

But Nicaragua says Germany's decision to defund the UN Palestinian refugee agency UNRWA is costing lives.

Germany and other donors suspended funding after allegations some UNRWA employees took part in the October 7th attacks by Hamas.

UNRWA's head Philippe Lazzarini has called on Western states to restart payments.

But among many politicians in Berlin attitudes have hardened.

FDP Defense Spokesman Alexander Müller: "This director of UNRWA is the same guy who said he does not help Hamas. And afterwards the world found out that the infrastructure of Hamas was hosted under his headquarters — the servers, the IT stuff. And he said he did not know this. This guy is unbelievable." 

Another focus of Nicaragua's case is military assistance to Israel.

After the October 7th attacks, Berlin increased approvals of defense exports to Israel.

But there's a feeling in the Bundestag that Germany's role should not be exaggerated.

FDP Defense Spokesman Alexander Müller: "It's really small things. It is some ammunition, it is some medical stuff for the military, but very, very low-budget if you compare it to other military aid."

Berlin's strong support for Israel has led to questions about where the limits of solidarity might be.

But some say the Nicaraguan government also wants to distract attention from its own human rights record under the leadership of President Daniel Ortega.

FDP Defense Spokesman Alexander Müller: "It's obvious because the day before Nicaragua brought up this case, they were accused by some experts who brought out the report that accuses Ortega's government (with regard to) human rights. Yes, violations in Nicaragua, and that's the way how Ortega and his government can, yes, deviate from this. This case is ridiculous."

The case before the ICJ could take years to conclude.

In the meantime, few in Germany believe it will change much on the ground in Gaza.

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