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// DOSSIER — germany-challenges-icj-jurisdiction-nicaragua-gaza-genocide-case
Germany Challenges ICJ Jurisdiction in Nicaragua’s Gaza Genocide Case
REL_TIME: 08 Sep 2026 23:42Z · LANG: EN
Germany has formally requested the International Court of Justice (ICJ) to dismiss a case brought by Nicaragua, which accuses Berlin of facilitating genocide in Gaza through military and financial support for Israel. During hearings in The Hague that commenced on September 7, 2026, German legal representatives argued that the court lacks jurisdiction because Nicaragua failed to establish a formal legal dispute prior to filing. Germany also invoked the 'Monetary Gold' principle, asserting that the court cannot adjudicate Germany's liability without first determining the legality of actions by Israel, which is not a party to the case. While Nicaragua claims Germany violated the 1948 Genocide Convention, Berlin maintains its arms export licenses undergo rigorous scrutiny exceeding international standards.
// Background
Germany is Israel's second-largest arms supplier, providing 31% of Israel's major conventional weapons imports between 2021 and 2025. This case is separate from South Africa's ICJ case against Israel. A fragile ceasefire has been in place since October 2025, but the death toll in Gaza is reported to have exceeded 73,000.
// Key Developments
- Germany argues the ICJ lacks jurisdiction because Nicaragua did not allow sufficient time for a response before filing the case in March 2024.
- Berlin contends that Israel is an 'indispensable third party' and the court cannot rule on Germany's conduct without first judging Israel's actions.
- Nicaragua's allegations include Germany's military support for Israel and its temporary suspension of funding for UNRWA.
- German military export approvals to Israel surged to €799.4 million in the first half of 2026, nearly four times the total for 2025.
- The ICJ previously declined to impose emergency measures against Germany in April 2024 but refused to strike the case from its list at that time.
// Timeline
-
Nicaragua files its case against Germany at the ICJ.
-
ICJ rejects Nicaragua's request for provisional measures but refuses to dismiss the case.
-
Nicaragua submits its full written case to the court.
-
German Chancellor Friedrich Merz imposes partial restrictions on arms exports to Israel.
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Germany files preliminary objections to the court's jurisdiction.
-
Germany lifts arms export restrictions following a ceasefire.
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Four days of hearings on Germany's preliminary objections begin in The Hague.
// Perspectives
[Germany]
Argues the case is inadmissible and 'grossly biased,' maintaining that its arms exports are strictly regulated and that the court lacks jurisdiction over an absent third party (Israel).
[Nicaragua]
Contends that Germany is violating the Genocide Convention and international humanitarian law by arming Israel despite the known risk of serious violations in Gaza.
[International Court of Justice (ICJ)]
Currently adjudicating preliminary objections; previously ruled that there was no 'manifest lack of jurisdiction' but declined to issue emergency orders against Berlin.
// Quotes
“Nicaragua’s conduct indicates that it was not interested in hearing Germany’s view on its allegations, but simply in bringing Germany before this court.”
“Germany’s argument is that the ICJ will not be able to establish Germany’s alleged wrongdoing... without first establishing that Israel is in breach of the 1948 Genocide Convention.”
“Germany seems not to be able to differentiate between self-defence and genocide.”
