Top UN Court Voices Concern Over Gaza, But Rejects Measures Against Israel's Ally Germany

The International Court of Justice (ICJ) has voiced concern over the "catastrophic living conditions in Gaza" but refrained from issuing emergency measures to stop Germany's arms exports to Israel.

At a hearing in The Hague on Tuesday, ICJ President Nawaf Salam said Germany has been a party to major international arms control treaties, and German authorities already declared that they have limited arms exports to Israel.

"The court, by 15 votes to one, finds that the circumstances as they now present themselves to the court are not such as to require the exercise of its power under Article 41 of the statute to indicate provisional measures," he said.

Salam, however, underlined that the UN's top court remains deeply concerned about Israel's military offensive in Gaza, large number of civilian deaths and injuries, massive destruction of homes, and the forcible displacement of the vast majority of the population.

"The court remains deeply concerned about the catastrophic living conditions of the Palestinians in the Gaza Strip, in particular, in view of the prolonged and widespread deprivation of food and other basic necessities to which they have been subjected," he said.

Nicaragua filed a case against Germany last month, accusing Berlin of facilitating genocide against Palestinians in Gaza, by providing political and military support to Israel. It requested the court to issue emergency measures for Berlin to stop its arms exports to Israel, and reverse its decision to suspend funding for UNRWA.

Germany had dismissed Nicaragua's charges and defended its political and military support for Israel's war. Its legal team had argued that Berlin's arms exports to Israel were appropriate and delivered after detailed scrutiny.

ICJ President Nawaf Salam said the court took note of Germany's statement that it has significantly decreased its arms exports to Israel, from €200 million in October 2023 to nearly €24 million in November 2023, and only €1 million in March 2024.

"The court further notes that Israel had also approached the German government in 2023 for tank ammunition and that no decision by the respondent has thus far been made regarding this request," Salam said.

"Finally, the court takes note of Germany's statement that 98% of the licenses granted since Oct. 7, 2023 concerned 'other military equipment' and not war weapons," he added.

While declining Nicaragua's request for provisional measures against Germany, the top UN court allowed the case to continue. It also reminded all countries and Germany of their obligations under international conventions.

"The court considers it particularly important to remind all states of their international obligations relating to the transfer of arms to parties to an armed conflict," Salam said.

"All these obligations are incumbent upon Germany as a state party to the said conventions in its supply of arms to Israel," he stressed.

Israel has waged a military offensive on Gaza since Oct. 7, 2023 cross-border attack by Hamas which killed some 1,200 people.

More than 34,500 Palestinians have since been killed, mostly women and children, and thousands of others injured amid mass destruction and severe shortages of necessities.

More than six months into the Israeli war, vast swathes of Gaza lay in ruins, pushing 85% of the enclave's population into internal displacement amid a crippling blockade of food, clean water, and medicine, according to the UN.

Israel stands accused of genocide at the International Court of Justice. An interim ruling in January ordered Tel Aviv to ensure its forces do not commit acts of genocide and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza. -