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However, the World Court did not grant Germany's request to dismiss the case‚ in which Nicaragua accuses Berlin of enabling Israeli genocide in Gaza.
The top United Nations court on Tuesday overwhelmingly rejected Nicaragua's request for an emergency order directing Germany to halt arms sales to Israel as it wages what the tribunal previously called a "plausibly" genocidal war against Palestinians in Gaza.
International Court of Justice (ICJ) judges voted 15-1 against the Nicaraguan motion, finding an absence of legal conditions for issuing an order blocking Germany from selling arms to Israel.
"Based on the factual information and legal arguments presented by the parties, the court concludes that, at present, the circumstances are not such as to require the exercise of its power... to indicate provisional measures," ICJ President Nawaf Salam wrote in the ruling.
However, the court did not grant Germany's request for an outright dismissal and will hear arguments on the merits of the Nicaraguan case, a process expected to take months to complete.
Carlos José Argüello Gómez, the head of Nicaragua's legal team and its ambassador to the Netherlands, said after the ruling that the court's decision "doesn't mean that Germany hasn't violated... international law."
"Germany has—from our point of view—violated international law" by providing weapons for Israel, Argüello contended.
Nicaragua’s representative Carlos Jose Arguello Gomez says ICJ ruling doesn't mean that Germany has not violated international law by providing military aid to Israel.
🟠 LIVE updates: https://t.co/FqbkLyF2ZA pic.twitter.com/3cnPizIXps
— Al Jazeera English (@AJEnglish) April 30, 2024
Nicaragua asserts that Germany—which provided nearly 30% of Israel's exported arms last year—is complicit in Israeli war crimes and is enabling genocide against Palestinians in Gaza. Palestinian and international officials say that more than 123,000 Palestinians have been killed, maimed, or left missing by Israel's relentless 207-day onslaught and siege, which has also displaced around 90% of Gaza's 2.3 million people and driven at least hundreds of thousands of people to the brink of starvation. The majority of those killed have been women and children.
"Germany is failing to honor its own obligation to prevent genocide or to ensure respect of international humanitarian law," Argüello argued during case hearings earlier this month.
According to the Lawyers' Collective—a Berlin-based group that is suing to stop German arms sales to Israel—Germany's government issued €326.5 million ($348.7 million) worth of weapons export licenses for Israel last year, the majority of which were approved after October 7, 2023. That's a tenfold increase from 2022. The group says these transfers violate Germany's obligations under the War Weapons Control Act, which requires arms exports to comply with international humanitarian law.
Germany counters that its weapons sales to Israel have decreased since the October 7 attack and emphasizes what it says are the defensive nature of recent arms transfers. Berlin also says it has robust internal mechanisms and processes to consider the human rights implications of German arms sales.
Top German diplomat Tania von Uslar-Gleichen, who is leading Germany's legal team at the ICJ, said during hearings that Nicaragua's allegations "have no basis in fact or law."
Reacting to the ICJ ruling, the German Foreign Office said that "Germany is not a party to the conflict in the Middle East. On the contrary, we are working day and night for a two-state solution."
"We are the largest donor of humanitarian aid to the Palestinians," the ministry added. "We are working to ensure that aid reaches the people in Gaza."
The German government has been intensely criticized for its stauch support for Israel and for violently cracking down on pro-Palestinian protests since October. Numerous observers contend that Germany's actions are driven by historical guilt over the Holocaust, with some critics claiming the German government is weaponizing that guilt in order to demonize Palestinians and their defenders.
Israel—which is not a party to the case—vehemently denies genocide charges, arguing it is defending itself in the wake of the Hamas-led attacks that left more than 1,100 people dead and around 240 others taken hostage. Israeli forces are believed to have killed numerous Israelis on October 7 and an unknown number of hostages since then during the bombardment and invasion of Gaza.
In addition to Nicaragua's motion, the ICJ is considering a case brought by South Africa and supported by over 30 nations asserting that Israel's Gaza assault is genocidal because it is "intended to bring about the destruction of a substantial part of the Palestinian national, racial, and ethnical group."
On January 26, the tribunal issued a provisional ruling that found Israel is "plausibly" committing genocide in Gaza and ordered the country to prevent genocidal acts. Critics accuse Israel of ignoring the order by continuing to block humanitarian aid from reaching Gazans as children and other vulnerable people starve to death.
Citing "the worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation," the ICJ last month issued another provisional order directing Israel to allow desperately needed aid into the embattled enclave and reiterating its earlier order to prevent genocidal acts.
Also last month, the U.N. Human Rights Council
published a draft report that found "reasonable grounds to believe" that Israel is committing genocide in Gaza.
The Israeli brutality in Gaza, but also the Palestinian sumud, resilience and resistance, are inspiring the Global South to reclaim its centrality in anti-colonial liberation struggles.
The distance between Gaza and Namibia is measured in the thousands of kilometers. But the historical distance is much closer. This is precisely why Namibia was one of the first countries to take a
strong stance against the Israeli genocide in Gaza.
Namibia was colonized by the Germans in 1884, while the British colonized Palestine in the 1920s, handing the territory to the Zionist colonizers in 1948.
Though the ethnic and religious fabric of both Palestine and Namibia are different, the historical experiences are similar.
Though intersectionality is a much-celebrated notion in Western academia, no academic theory is needed for oppressed, colonized nations in the Global South to exhibit solidarity with one another.
It is easy, however, to assume that the history which unifies many countries in the Global South is only that of Western exploitation and victimization. It is also a history of collective struggle and resistance.
Namibia has been inhabited since prehistoric times. This long-rooted history has allowed Namibians, over the course of thousands of years, to establish a sense of belonging to the land and to one another, something that the Germans did not understand or appreciate.
When the Germans colonized Namibia, giving it the name of “German Southwest Africa,” they did what all other Western colonialists have done, from Palestine to South Africa to Algeria, to virtually all Global South countries. They attempted to divide the people, exploited their resources, and butchered those who resisted.
Although a country with a small population, Namibians resisted their colonizers, resulting in the German decision to simplyexterminate the natives, literally killing the majority of the population.
Since the start of the Israeli genocide in Gaza, Namibia answered the call of solidarity with the Palestinians, along with many African and South American countries, including Colombia, Nicaragua, Cuba, South Africa, Brazil, China, and many others.
Though intersectionality is a much-celebrated notion in Western academia, no academic theory is needed for oppressed, colonized nations in the Global South to exhibit solidarity with one another.
So when Namibia took a strong stance against Israel’s largest military supporter in Europe—Germany—it did so based on Namibia’s total awareness of its history.
The German genocide of the Nama and Herero people (1904-1907), is known as the “first genocide of the 20th century.” The ongoing Israeli genocide in Gaza is the first genocide of the 21st century. The unity between Palestine and Namibia is now cemented through mutual suffering.
But it is not Namibia that has launched the legal case against Germany at the International Court of Justice (ICJ) but, rather, Nicaragua, a Central American country that is also thousands of miles away from both Palestine and Namibia.
The Nicaraguan case accuses Germany of violating the Convention on the Prevention and Punishment of the Crime of Genocide. It rightly sees Germany as a partner in the ongoing genocide of the Palestinians.
This accusation alone should terrify the German people, in fact the whole world, as Germany is affiliated with genocides from its early days as a colonial power. The horrific crime of the Holocaust, and other mass killings carried out by the German government against Jews and other minority groups in Europe during WWII, is a continuation of other German crimes committed against Africans, decades earlier.
The typical analysis of why Germany continues to support Israel is explained on the basis of German guilt over the Holocaust. This explanation, however, is partly illogical and partly erroneous.
Illogical, because, if Germany has, indeed, internalized any guilt from its previous mass killings, it would make no sense for Berlin to add yet more guilt by allowing Palestinians to be butchered, en masse. If guilt indeed exists, it is not genuine.
And erroneous, because it completely overlooks the German genocide in Namibia. In fact, it took the German government until 2021 to acknowledge the horrific butchery in that poor African country, ultimately agreeing to pay merely 1 billion euros in “community aid,” which will be allocated over the course of three decades.
The German government’s support of the Israeli war on Gaza is not motivated by guilt, but by a power paradigm that governs the relations among colonial countries. Many countries in the Global South understand this logic very well, thus the growing solidarity with Palestine.
The Israeli brutality in Gaza, but also the Palestinian sumud, resilience and resistance, are inspiring the Global South to reclaim its centrality in anti-colonial liberation struggles.
The revolution in the Global South outlook—culminating in South Africa’s case at the ICJ, and also the Nicaraguan lawsuit against Germany—indicates that the change is not the outcome of a collective emotional reaction. Instead, it is part and parcel of the shifting relationship between the Global South and the Global North.
Africa has been undergoing a process of geopolitical restructuring for years. The anti-French rebellions in West Africa, demanding true independence from the continent’s former colonial masters, in addition to the intense geopolitical competition—involving Russia, China and others—are all signs of changing times.
And, with this rapid rearrangement, a new political discourse and popular rhetoric are emerging, often expressed in the revolutionary language emanating from Niger, Burkina Faso, Mali, and others.
But the shift is not happening on the rhetorical front only. The rise of BRICS as a powerful new platform for economic integration between Asia and the rest of the Global South has opened up the possibility that alternatives to Western financial and political institutions are very much possible.
In 2023, it was revealed that BRICS countries are now holding 32% of the world’s total GDP, compared to 30% held by the G7 countries. There is much political value to this as four of the five original founders of BRICS are strong and unapologetic supporters of the Palestinians.
While South Africa has been championing the legal front against Israel, Russia and China are battling the U.S. at the United Nations Security Council to institute a cease-fire. Beijing’s ambassador to The Hague went as far as defending the Palestinian armed struggle as legitimate under international law.
Now that global dynamics are working in favor of Palestinians, it is time for the Palestinian struggle to return to the embrace of the Global South, where common histories will always serve as a foundation for a meaningful solidarity.
On April 8, 2024, the first day of ICJ proceedings in Nicaragua v. Germany, CODEPINK and other antiwar activists staged pickets and delivered letters to German consulates and embassies across the U.S.
From coast to coast, CODEPINK delegations protested at German diplomatic missions in support of Nicaragua’s case against Germany at the International Court of Justice, or ICJ, for complicity in Israel’s genocide that has killed or maimed over 100,000 Palestinians in Gaza.
On April 8, 2024, the first day of ICJ proceedings in Nicaragua v. Germany, pickets and letter deliveries took place in Washington, D.C., New York City, Los Angeles, Chicago, Boston, San Francisco, Houston, Miami, and Seattle. Demonstrators echoed Nicaragua’s requests of the World Court to order Germany and the United States to stop supplying weapons to Israel. According to the Stockholm International Peace Research Institute, the U.S. supplies 69% of Israel’s arsenal; Germany supplies 30% of the weaponry.
Benjamin Alvarez Gruber, U.S. correspondent for Deutsche Welle (DW), state-owned German television, covered the story at the D.C. German Embassy, where CODEPINK organizers Medea Benjamin, Julia Norman, and Palestinian American Moataz Salim led the delegation. Participants headed into the embassy office to deliver a “stop the arms, restore UNRWA aid” letter from CODEPINK.
The pickets, rallies, and petition deliveries were part of an international call for solidarity with Palestinian Germans who risk beatings and arrest when they protest Germany’s complicity in Israel’s slaughter in Gaza.
“We were fed a lot of formality,” said Norman, summarizing the embassy’s response for the crowd. “There needs to be a lot of investigations… investigations take a lot of time… there’s no way to prove yet that war crimes are occurring.”
“Shame, shame,” cried the crowd outside the embassy.
Norman continued, “While there was a sense of grief in that room, there was no sense of urgency.”
This despite the threat of mass starvation looming over Gaza as a result of Israel’s refusal to allow food, water, and medicine into the densely populated coastal strip.
“It also leads me to believe that they are in total support of what’s going on,” Salim added.
D.C. peace activists gather outside the Germany Embassy.(Photo: Michelle Ellner/CODEPINK)
In Los Angeles, an angry defender of Israel’s genocide confronted a protester before the action began, and when it looked like an assault might be imminent, building security called the police. Five officers responded, lining up patrol cars in front of the consulate building, as 50 picketers—some driving three hours to participate in the protest—chanted in front of the office building housing the German Consulate on the fifth floor.
Palestinian American Mirvette Judeh, whose family is from the West Bank, told the crowd it was the power of the people’s protests that propelled 40 members of Congress, including former House Speaker Nancy Pelosi (D-Calif.), to sign a letter to President Joe Biden calling for a halt to weapons shipments to Israel. When it came time to deliver the CODEPINK letter to German Consul General Andrea Sasse, the building security guard allowed only one member of the delegation, Judeh, up to the fifth floor.
While the doors to the consulate had earlier swung open to visitors, Judeh said they were shut tight when she arrived with the letter for the German consul general. She knocked. The door opened.
“I said could I speak to someone about Germany needing to stop funding the genocide and ethnic cleansing, and providing weapons and support to Israel, and they said, ‘If you keep talking, we’re not going to deliver the letter.’”
Mirvette Judeh speaking outside the German Consulate in Los Angeles.(Photo: Rick Chertoff)
Later the Israel defender returned with three menacing others spewing four-letter words, itching for a fight and videotaping protesters.
Three Dubai women visiting relatives in San Diego drove three hours to participate in the protest. “We are forbidden from protesting in Dubai,” said the women, CODEPINK Instagram followers anxious to participate in another action.
In San Francisco, 20 picketers gathered in front of the German Consulate in the city’s posh neighborhood of Pacific Heights, where CODEPINK participants took turns reading the letter, discussing the genocide, and attempting to go inside the consulate to deliver the letter.
“The security guard asked the consulate staff if we could come in and the staff declined to allow that, but the guard took the letter inside for us and we confirmed that the staff received it and would pass it along to the consul,” said Cynthia Papermaster, organizer of the delegation.
CODEPINK San Francisco members stand outside the German Consulate in San Francisco.(Photo: Phil Pasquini)
In Chicago, a 10-member delegation of Muslims and Jews met for over an hour with Michael Ahrens, German consul general, who began the meeting saying Israel had a right to defend itself but listened intently and took notes while participants told heartbreaking stories from both Gaza and the West Bank.
Peace activists gather outside the German Consulate in Chicago.
In New York City, the German mission’s First Secretary Daniel Drescher came down to the street to meet with the CODEPINK delegation and receive their letter. Participant Leigha Gillespie spoke of the harm resulting from Germany’s UNRWA defunding, which was based on testimony now debunked as false confessions made under Israeli torture.
The German mission diplomat said no funding had actually been cut because this year’s budget had already been allocated. Gillespie retorted, “Then why did you announce that you were cutting the funding instead of merely investigating the allegations?”
Delegation organizer Robert Jereski said, “He had no sound answer and clearly understood the damage that Germany’s contribution to the campaign against UNRWA had done. He also had no answer to the disparate response of Germany to Israel’s bald allegations against UNRWA and the ICJ’s finding of plausible genocide, especially where the former had no proof while the decision of the highest court was replete with evidence.”
Imam Catovic, a former diplomat originally from Bosnia, who joined the CODEPINK picket, urged the first secretary to recognize that Germany’s own history makes it particularly well placed to condemn genocide whenever and wherever it takes place, and that Germany’s guilty conscience should not cloud judgement about what is right, echoing the position of the Jewish activists present that Germany’s policies do not align with Jewish values or safety. They all underscored that a demand to end Palestinian suffering is not antithetical to Jewish safety but in fact a requirement for the safety of all people.
The New York delegation of peace activists speak with the German U.N. Mission’s First Secretary Daniel Drescher.(Photo: Maha Alami)
In Seattle, a contingent delivered the CODEPINK letter to the honorary consulate, where a staffer welcomed antiwar activists into the office, only to have the Honorary Consul General Uli Fischer,, formerly in the German Air Force and a retired Boeing employee, refuse to meet with them. Nevertheless, participants said they could see through a crack in the door that the Consul General was reading the letter also signed by Veterans for Peace and the Seattle Antiwar Coalition.
Seattle peace activists pose with signs outside the German Consulate.
In Boston, activists with Massachusetts Peace Action delivered the letter to the German Consulate.
The pickets, rallies, and petition deliveries were part of an international call for solidarity with Palestinian Germans who risk beatings and arrest when they protest Germany’s complicity in Israel’s slaughter in Gaza. Without U.S. and German weapons, Israel’s genocide might well come to an end, sparing the lives of over a million Palestinians uprooted from their homes to struggle with mass starvation.