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EXPERT COMMENT

States providing military assistance should take note.

As the war in Gaza rages on, it is already being litigated before the International Court of Justice (ICJ) in the Hague.

Following-up on South Africa’s case against Israel for alleged violations of the 1948 Genocide Convention, brought at the end of 2023, Nicaragua brought a case against Germany in March 2024.

Nicaragua alleges mainly that Germany’s military assistance to Israel violates Germany’s obligations under the Genocide Convention and has asked the Court to order, in particular, the cessation of the assistance.

Although the Court has not ordered provisional measures (as Nicaragua requested) the case is still pending. It is a remarkable case, as it alleges complicity by one state in the wrongdoing of another.

As such, the case also has significant implications for other states providing military support to Israel. 

Nicaragua has already notified its intention to bring similar cases against the UK, Canada, and the Netherlands at the ICJ.

This litigation prospect is paralleled by cases seeking to end weapons exports at domestic courts in the UK, France, Canada, the Netherlands, Denmark, and Germany.

Click here to continue reading the full version of this Expert Comment on the Chatham House website.