Germany Asks ICJ to Dismiss Nicaragua's Case Over Arms Exports to Israel

On Monday, September 7, 2026, Germany formally asked the International Court of Justice (ICJ) to dismiss a case brought by Nicaragua that accuses Berlin of violating the 1948 Genocide Convention. The proceedings in The Hague mark the beginning of four days of hearings focused entirely on whether the United Nations' top court has the jurisdiction to hear the substantive claims regarding German arms exports to Israel.[5]

The legal dispute centers on Nicaragua's assertion that Germany's political, financial, and military support for Israel facilitates acts of genocide in the Gaza Strip. Nicaragua's original filing in early 2024 sought emergency provisional measures to halt German military exports, a request the 16-judge panel rejected in April of that year while declining to throw out the case entirely.[6]

Germany's defense, presented by a legal team led by foreign ministry legal adviser Julia Monar, rests on both procedural and factual grounds. Procedurally, Berlin argues that Nicaragua failed to exhaust diplomatic channels or provide adequate notice before initiating the lawsuit.

According to Antonios Tzanakopoulos, a lawyer representing Germany, Nicaragua's formal notification was sent from a Yahoo email address to a general government inbox, giving Berlin less than a month to reply. Germany contends this breaches the customary requirement that states attempt to resolve disputes diplomatically before elevating them to the ICJ.

Beyond procedural objections, Germany's representatives presented data to the court to counter the substantive premise of Nicaragua's claim. A German representative detailed that the federal government significantly restricted arms exports to Israel during the latter half of 2025, aligning licensing decisions with international humanitarian law and the status of ceasefire negotiations.[2]

Specifically, Germany told the court that the volume of licenses granted for the final export of arms to Israel fell sharply between August 8 and November 23, 2025. "The figures for licenses granted for the final export of arms to Israel fell significantly in the period from 8th of August to 23rd of November 2025... no arms export licenses for final export to Israel were issued in the period from 8th of August to 12th of September," the representative said.[2]

Monar reinforced this point before the judges, stating that the government's export controls are rigorous and highly specific to the conflict's dynamics. "Germany has not, since 2024, authorized an export of weapons of war, with final destination in Israel that can be used in the Gaza conflict," Monar said. This defense attempts to sever the causal link Nicaragua alleges between German policy and the realities on the ground.

However, the factual record regarding export volumes remains a point of contention in the broader public debate. Recent reporting by the German publication Der Spiegel indicated that Berlin approved nearly €800 million ($930 million) worth of military equipment exports to Israel in the first half of 2026. Germany maintains that these approvals are subject to rigorous, case-by-case reviews to ensure compliance with international law.[2]

The jurisdictional challenge also touches on the nature of the Genocide Convention itself. Nicaragua and Germany are both signatories to the 1948 treaty, which obligates states to prevent and punish the crime of genocide. Nicaragua's case is unusual because it targets a third party—Germany—rather than the primary belligerent, testing the legal boundaries of state responsibility for military assistance.[5][6]

Israel is not a party to the Nicaragua-Germany proceedings and has consistently denied that its military campaign in Gaza constitutes genocide, framing its actions as self-defense following the October 7, 2023, attacks by Hamas. The ICJ is handling a separate, broader case brought by South Africa directly against Israel, which is not expected to reach a ruling on the merits until late 2029.[1]

The current hearings in The Hague will run through Thursday, September 10, 2026. Following Germany's presentation of its preliminary objections, Nicaragua's delegation, led by Ambassador Carlos Jose Arguello Gomez, will have the opportunity to respond and argue why the court possesses the authority to proceed to a full trial.[3][4]

If the ICJ accepts Germany's preliminary objections regarding jurisdiction or admissibility, Nicaragua's case will be dismissed, effectively ending this specific legal avenue. If the 16-judge panel rejects Berlin's arguments, the case will move forward to the merits phase, a process that typically takes several years to conclude.[7]

The outcome of this jurisdictional phase carries significant implications for international law. A decision to proceed would establish a precedent that states can be subjected to lengthy ICJ litigation over their arms export policies and bilateral support, even if they are not direct participants in a conflict.[7]

A ruling on Germany's preliminary objections is expected later this year. Until then, the court's handling of the procedural dispute will be closely watched by international legal scholars and governments navigating the complex intersection of military alliances and human rights obligations.[5]