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ISRAEL AT WAR - DAY 452
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WORLD COURT REFUSES TO TAKE ACTION AGAINST GERMANY FOR ARMS SALES TO ISRAEL
ICJ SAYS CIRCUMSTANCES ‘AT PRESENT’ DO NOT REQUIRE INTERVENTION, BUT REMINDS
GERMANY OF OBLIGATIONS NOT TO VIOLATE GENEVA AND GENOCIDE CONVENTIONS WHEN
APPROVING ARMS SALES
By Jeremy Sharon
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Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
*
*
*
The International Court of Justice (ICJ) delivers its order on the request by
Nicaragua to order Germany to cease arms sales to Israel against the background
of the conflict in Gaza at the Peace Palace in The Hague, the seat of the ICJ,
April 30, 2024. (Courtesy: International Court of Justice)
The International Court of Justice decided on Tuesday not to issue provisional
measures against Germany for its arms sales to Israel, rejecting a demand filed
by Nicaragua against the backdrop of Israel’s war against Hamas in Gaza.
The court ruled, however, that it would not dismiss the case from its docket as
Germany had requested, saying it could only do so if there was a manifest lack
of jurisdiction, which it asserted was not the situation in Nicaragua’s
application.
Nicaragua filed its highly unusual application to the ICJ in February, accusing
Berlin of violating the Genocide Convention for selling weapons to Israel during
the ongoing conflict — during which, it alleged, Israel has committed genocide
against Palestinians in Gaza — and for suspending its funding of the Palestinian
humanitarian agency UNRWA, which has been accused of complicity in terrorist
activity against Israel.
The application, thought to be the first such suit against another nation based
on the actions of a third party, raised concerns that countries exporting arms
to Israel could be dissuaded from doing so if the court would find that they
might be legally liable for violations of international humanitarian law or even
the Genocide Convention, as alleged by states such as Nicaragua, South Africa
and others.
Germany is a major arms supplier to Israel, accounting for 30 percent of all
Israeli arms purchases in 2023, according to the Stockholm International Peace
Research Institute’s annual report for that year, behind only the United States,
which provided 69% of Israeli arms purchases in 2023.
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Nicaragua itself has a highly problematic human rights record, with the
dictatorship of Daniel Ortega accused of torture and other severe violations,
and maintains close diplomatic ties with other dictatorships such as Iran and
Russia.
A picture taken on March 21, 2024 from onboard a US military transport aircraft
shows smoke billowing in the Gaza Strip, amid the ongoing fighting between
Israel and the Hamas terror group. (Giuseppe Cacace/AFP)
The ICJ in its decision declined to accede to Nicaragua’s request that it order
Berlin to suspend any aid, military assistance and delivery of military
equipment to Israel and resume its funding to UNRWA.
“Based on the factual information and legal arguments presented by the parties,
the court concludes that at present the circumstances are not such as to require
the exercise of its power under article 41 of the statute to indicate
provisional measures,” read ICJ court president Nawaf Salam from the court
order.
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The decision was made 15 to 1, with just the ad hoc judge selected by Nicaragua,
Awn Shawkat Al-Khasawneh, voting against the decision.
The decision noted specifically Germany’s arguments that although its arms sales
by revenue had increased significantly in 2023 over 2022, 98% of the arms sales
licenses granted since the October 7 atrocities were not for “war weapons” as
defined by German law, but rather “other military equipment,” and that of the
four licenses granted for “war weapons” since that date, only one, for 3,000
anti-tank weapons, was suitable for combat operations.
The Germans also noted in their response that a 2023 request for tank ammunition
by Israel is still under scrutiny.
Nevertheless, the court took the opportunity to point out that states are
obligated to ensure that they are not in violation of the Geneva Conventions
regarding the laws of war when supplying weapons to other states involved in
armed conflicts.
President of the International Court of Justice (ICJ) Judge Nawaf Salam delivers
the court order on the request by Nicaragua to instruct Germany to cease arms
sales to Israel against the background of the conflict in Gaza at the Peace
Palace in The Hague, the seat of the ICJ, April 30, 2024. (Courtesy:
International Court of Justice)
“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, in order to avoid the risk that such arms might be used to
violate the above-mentioned Conventions. All these obligations are incumbent
upon Germany as a State party to the said Conventions in its supply of arms to
Israel,” stated the court.
When it came to Nicaragua’s claims about funding for UNRWA, the court pointed
out that such funding was voluntary, and also noted Germany’s observation that
when it froze funding, there was no pending payment for Berlin to the
organization. In addition, the court noted that Germany had supported a €50
million ($53 million) payment to UNRWA by the European Union in March this year,
as well as its funding for other humanitarian organizations in Gaza.
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The court did state, however, that it remained “deeply concerned about the
catastrophic living conditions of Palestinians in Gaza strip, in particular in
view of the prolonged and widespread deprivation of food and other basic
necessities to which they are being subjected.”
Israel’s military operation started after Hamas sent thousands of terrorists
into southern Israel in a devastating assault on October 7, killing some 1,200
people amid widespread atrocities, including rape and torture, and abducting 253
to Gaza. Israel vowed to topple the Hamas regime in Gaza and secure the release
of the hostages, some half of whom are still held in the Strip.
The Hamas-run Gaza health ministry says more than 34,000 people in the Strip
have been killed in the fighting so far, a figure that cannot be independently
verified and includes some 13,000 Hamas gunmen Israel says it has killed in
battle.
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Teens forced to perform sexual acts on each other: Report to UN details Hamas
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El Al extends price caps to four international hubs through February 2025
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Indian workers slowly replacing Palestinians in Israeli construction industry
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16,000 laborers have come to Israel from India in the last year, but analysts
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We will sing again, Hanukkah edition
Maoz Tzur’s account of history’s miracles gives me faith in our salvation, as I
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Full Coverage What Matters Now
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Those we have lost
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The hostages and victims whose fate is still unknown
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Those we are missing
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Those we are missing
Taken captive: Yosef-Haim Ohana, helped injured at Supernova rave
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Those we are missing
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*
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*
Those we are missing
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By ToI Staff
*
Those we are missing
Taken captive: Daniella Gilboa, identified by the shirt she wore
By ToI Staff
*
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Taken captive: Shlomo Mansour, as his wife of 60 years escaped
By ToI Staff
*
Those we are missing
Taken captive: Nimrod Cohen, twin working to bring him home
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*
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Taken captive: US citizen Keith Siegel, driven to Gaza in his own car
By ToI Staff
*
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Taken captive: Eviatar David, IDed in a Hamas photo on Telegram
By ToI Staff
*
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By ToI Staff
*
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By ToI Staff
*
Those we are missing
Taken captive: David Cunio, abducted from burning house
By ToI Staff
*
Those we are missing
Taken captive: Guy Gilboa-Dalal, took a selfie with his brother for mom
By ToI Staff
*
Those we are missing
Taken captive: Oded Lifshitz, drove Gazans to hospitals
By ToI Staff
*
Those we are missing
Taken captive: Shiri Bibas and her redheaded babies
By ToI Staff
*
Those we are missing
Taken captive: Eliya Cohen, dragged from a pile of dead bodies
By ToI Staff
*
Those we are missing
Taken captive: Alon Ohel, pianist’s family recorded song for him
By ToI Staff
*
Those we are missing
Taken captive: Ohad Ben Ami, dual Israeli-German citizen
By ToI Staff
*
Those we are missing
Taken captive: Omri Miran, driven in his own car to Gaza
By ToI Staff
Tales of the Times
The quirky, improbable, infuriating and uplifting
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A 'Hannukah' shanda
NYT game misspells Hanukkah in Festival of Lights-themed puzzle
By PHILISSA CRAMER
*
✝ marks the spot
Child finds unique decorated cross on Jerusalem field trip
By Gavriel Fiske
*
Coming in hot
NASA probe makes closest ever pass by sun, sustaining 1,700ºF heat
By AFP
*
'Fighting the darkness'
Zelensky lights candles with rabbis to mark third wartime Hanukkah
By PHILISSA CRAMER
*
Holiday guide
As Hanukkah begins, here are 8 special activities in New York City
By Lisa Keys
*
Not so slick
Cops put squeeze on suspected looters at ancient olive oil complex
By Gavriel Fiske
*
Let there be light
Rare, intact 1,500-year-old ceramic lantern discovered in Galilee
By Gavriel Fiske
*
Bewitching
Viral ‘Wicked’ Hanukkah video shines light with message of resilience
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*
On the menu
Anu museum offers virtual culinary tours with foodie Gil Hovav
By Jessica Steinberg
*
The way we were
Virtual museum recreates Jewish enclaves in Iran and Morocco
By Jessica Steinberg
*
Spoiler alert
Mossad agent on the loose as Season 3 of ‘Tehran’ finally arrives
By Jessica Steinberg
*
Peace vibes
Local ‘Woodstock’ aims to unite Israelis, Palestinians for peace
By Jessica Steinberg
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Jewish camp
Son of cantor, 11, makes Broadway debut in musical on drag queens
By Steve North
*
Ace in the hole?
Jewish pitcher Max Fried signs record-breaking deal with NY Yankees
By jacob gurvis
*
Historic text
Adam Schiff sworn into Senate on 1490 edition of Maimonides’ legal code
By Ron Kampeas
*
Ballin' hard
Innovation delivers an array of instant matzah ball options
By Rachel Ringler
*
Extra challenges
Jerusalem’s Sam Spiegel Film Lab launches 13th year
By Jessica Steinberg
*
Real TV
Actor Guri Alfi returns to the US for new episodes of ‘The New Jew’
By Jessica Steinberg
*
Ming leftovers
Mount Zion dig unearths 16th century Chinese porcelain bowl fragment
By Gavriel Fiske
*
Historic move
Jerusalem ancient citadel museum to host accessibility conference
By Jessica Steinberg
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