The International Court of Justice (ICJ) on Tuesday declined to impose preliminary measures against Germany in a case centering on its support for Israel amid ongoing hostilities in Gaza.

The case was brought before the ICJ by Nicaragua, which accuses Germany of having breached its obligations under the Genocide Convention and other instruments of international law. The charges pertain to German arms shipments to Israel, which has been leading an offensive in Gaza since a Hamas-orchestrated terror attack on October 7, 2024.

Nicaragua claimed in court documents that Germany authorized upwards of €326 million in military exports in 2023, some €300 million of which had been authorized since the Gaza conflict started. As alleged in Nicaragua’s application to launch proceedings:

Germany has provided political, financial and military support to Israel fully aware

at the time of authorization that the military [equipment] would be used in the commission of great breaches of international law by this State and in disregard of its own obligations.

Nicaragua also criticized Germany for cutting off assistance to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), thereby jeopardizing humanitarian assistance to the population of Gaza. The UN agency was mired in controversy following disputed allegations several of its employees had been involved in the October 7 attack in Israel.

Germany maintains it has acted in compliance with its obligations under the Genocide Convention and other instruments of international humanitarian law. It has also argued that it has endeavored to exert influence on Israel to improve the humanitarian situation in Gaza, and has provided aid to the Palestinian civilians living there.

Nicaragua asked the court to impose several provisional measures, including:

• Ordering Germany to immediately suspend aid to Israel;
• Requiring Germany to do everything in its power to ensure the weapons it has shipped to Gaza aren’t used in the commission of genocide or other violations of international law;
• Ordering Germany to do “everything possible to comply with its obligations under humanitarian law;” and
• Ordering Germany to restore funding to the UNRWA.

In a vote of 15 to one, the ICJ ruled on Tuesday that the circumstances as presented do not call for provisional measures.

In its decision, the court reasoned that Germany carefully reviews each license for military equipment to rule out any clear risks that weapons and other defense aid will be used to perpetrate genocide, crimes against humanity, and other violations of international humanitarian law. It also found that Germany has reduced its provision of aid in recent months and that the existing military aid has largely included “other military equipment,” as opposed to “war weapons.” It also concluded that support for UNRWA is voluntary and that Germany has in any case contributed vis a vis European Union support for the organization.

The Court has ordered provisional measures against Israel amid an ongoing case brought against it by South Africa, which claims its ongoing conflict with Hamas in the Gaza Strip constitutes an act of genocide.