Nicaragua v. Germany

On 1 March 2024, Nicaragua instituted proceedings against Germany at the International Court of Justice (ICJ) under, inter alia, the Genocide Convention, concerning Alleged Breaches of Certain International Obligations in Respect of the Occupied Palestinian Territory arising from Germany's support for Israel in the Gaza war.

[2][1][3] It sought the indication of provisional measures of protection including the resumption of suspended German funding of the UNRWA and the cessation of military supplies to Israel.

In earlier proceedings before the Court, South Africa alleged that Israel has committed, and is committing, genocide against Palestinians in the Gaza Strip, in violation of the Genocide Convention, and places the charges in what it describes as the broader context of Israel's conduct towards Palestinians, including what South Africa described as a 75-year apartheid, 56-year occupation, and 16-year blockade of the Strip.

[9] Israel argues that it is conducting a war of self-defence in accordance with international law following the Hamas-led attacks on its territory on 7 October 2023.

[10] Israel points to ongoing firing of missiles at civilian population centres, the kidnapping and holding of Israeli hostages in Gaza,[11][12] and contends that its war cabinet and military authorities directives show no genocidal intent.

[14][15][16] The court said "at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the [Genocide] Convention".

[1]: ¶ 63  Nicaragua cited the UNRWA's warning that suspension of funding could lead to the cessation of its operations "by the end of February", despite the presence of widespread hunger in the Gazan population according to UN reports.

[1]: ¶ 86  Nicaragua submitted that there was therefore a "risk of irreparable harm and [an] urgent need to protect the rights of the Palestinian people", that the court had already reached such a conclusion in earlier proceedings instituted by South Africa,[1]: ¶ 94  that it had expressed concern that the situation was worsening,[1]: ¶ 95  and that its application engaged not only the obligations under the Genocide Convention by which the court was concerned in those proceedings but also "those of convenitional[sic] and customary international law".

[1]: ¶ 98  Accordingly, it submitted that "the rights Nicaragua seeks to preserve involv[e] the lives of hundreds of thousands of people".

[29] Saunders suggests that Nicaragua may have intervened in South Africa's proceedings against Israel under Article 62 of the Statute of the International Court of Justice in order to avoid impediments to the admissibility of its case.