An interior view of the courtroom of International Court of Justice. On Tuesday, the court listened to Germany defend itself from accusation that it is aiding Israel in committing genocide against Palestinians. File Photo by International justice of Court/ UPI. |
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April 9 (UPI) -- Germany on Tuesday firmly rejected accusations brought against it in the World Court that it has aided Israel in perpetrating genocide of the Palestinian people in Gaza, arguing Nicaragua's case neither addresses the facts or applicable laws in the situation.
German Foreign Office Legal Director-General Tania von Uslar-Gleichen was the first to speak in Berlin's defense during the second and final day of hearings in The Hague concerning charges brought against the European nation of violating international humanitarian law amid Israel's war against Iran-backed Hamas in Gaza.
Nicaragua last month had initiated the proceedings by accusing Germany of "facilitating the commission of genocide" and of failing in its obligations to prevent such violations of the U.N. Genocide Convention over its arming of Israel.
The ambassador to the Netherlands from the Central American nation had made his country's case against Germany on Monday, with Berlin giving its rebuttal on Tuesday.
Von Uslar-Gleichen said Nicaragua "fails to properly appreciate both the facts and law" in the situation and has not once contacted Berlin to discuss anything before rushing the case before the International Court of Justice.
She said Germany is guided by international humanitarian law and humanitarian principles in its response to the conflict, and it is doing its utmost to live up to those responsibilities for both the Israelis and Palestinians.
She said Nicaragua's accusations deny Israel's right to exist by framing in its charging document that Hamas' Oct. 7 surprise attack that ignited the war targeted occupied settlements.
"These attacks targeted communities located within the borders of Israel. Not in Gaza, but in the state of Israel," she said. "Does Nicaragua stand by its characterization that these are Palestinian territories, thus denying Israel its right to exist? Germany will not tolerate this."
Nicaragua's case is focused on Germany's roughly $354 million in arms and other military equipment deals with Israel last year, and it seeks for the court to force Berlin to end its armament with the Middle Eastern country.
Von Uslar-Gleichen defended its arms deals with Israel by accusing Nicaragua of "grossly" distorting the purpose and quantity of the military exports.
She said arms exports to Israel undergo detailed scrutiny that exceeds international law and takes into account Israel's security threats, in particular following the Oct. 7 attack, which have been "defensive in nature."
"At the same time, Germany's supply of arms and other military equipment is subject to a continuous evaluation of the situation on the ground," she said.
She added that Germany is also the largest individual donor of humanitarian assistance to Palestinians at $221 million last year and more than $55 million so far this year. And its financial support for Palestinians has increased three-fold since Oct. 7, she added.
She continued that Germany supports the idea of a two-state solution to the Israel-Palestinian conflict and has been condemning efforts to undermine it, even amid the war.
"There is no doubt where Germany stands," she said.
Israel has repeatedly rejected that it has violated the U.N. Genocide Convention, and faces two other cases concerning its treatment of Palestinians, one stemming from a U.N. General Assembly adopted resolution in 2022 and another brought against it over its war in Gaza by South Africa.
In late January, the court issued a ruling in the South Africa case ordering Israel to take immediate steps to end atrocities being committed in Gaza as it considers a final decision in the case. South Africa then came back asking for further provisions to be added to reflect the deteriorating situation in Gaza.
In February, the court heard six days of arguments in the case tied to the U.N. resolution over Israel's near six-decade occupation of Palestinian territories, with an advisory opinion to be made public at a later date.
Israel has been waging war against Hamas in Gaza since the Oct. 7 attack, which resulted in 1,200 Israelis killed and another 253 taken hostage.
Since the war began, more than 33,000 Palestinians have been killed, according to the Gaza Ministry of Health.
