Israel and its allies in the I.C.J. have not committed genocide, and so has the United States complied
The court’s response could answer larger questions involving Israel’s allies in Europe and the United States, including whether suppliers of arms can be found complicit, and even held liable, if the aid is used to enable grievous war crimes.
During the opening of the case, the Ambassador of Nicaragua to the Netherlands said that Germany was failing to honor its obligation to prevent genocide or to ensure respect of international humanitarian law.
The intent to destroy a group by killing or causing serious bodily or mental harm is what the 1948 genocide convention states, so both Germany and Nicaragua are bound to act to prevent it.
Israel has repeatedly denied accusations that it is committing genocide in Gaza, arguing that its military has worked to preserve civilian life, as well as that Hamas has used civilians as human shields.
In January, the I.C.J. ordered Israel to stop its troops in Gaza from taking action that is banned under the Genocide Convention and to punish public statements that are considered to be inimical to genocide. The court is expected to take at least two years to rule on the question of whether Israel has committed genocide but found a “plausible” risk of genocide.
Germany strongly rejected the idea that it has violated international law with its military exports to Israel.
Unlike Germany, which has given the court full jurisdiction, the United States has shielded itself and on most issues has to consent to a case. It has protected itself even further from the Genocide Convention, signing the convention but exempting itself from any obligations, such as intervening to stop a genocide or paying reparations if it were found to be complicit.
The case of the two-state solution in the conflict in the Middle East, echoed by the German Foreign Ministry on social media and by the International Court of Justice
The United States is Israel’s biggest supplier of military hardware, followed by Germany.
It explained that Germany is not a party to the conflict in the Middle East. A two-state solution is being worked on day and night. We are the biggest donors of humanitarian aid for Palestinians.”
The German Foreign Ministry said on social media that nobody is above the law. This guides our actions. We welcome the decision of the International Court of Justice.
In a vote 15-1 Tuesday, the ICJ judges said in a preliminary ruling that, based on the legal arguments presented, the requirements were not met to issue such an order.