Germany pulls support for Israel in ICJ genocide case as it faces own accusations

Berlin says it cannot support Israel’s case against charges without compromising defense of accusations by Nicaragua that Germany violated international law by backing Gaza war

JTA — Germany, an early defender of Israel against allegations of genocide in Gaza at the International Court of Justice, has pulled support as it faces its own charges for aiding Israel.

Germany will no longer intervene on Israel’s behalf, a spokesperson for the German foreign ministry told reporters on Wednesday. South Africa brought a genocide case against Israel in December 2023 at the highest court of the United Nations.

The U-turn comes after the German government rejected South Africa’s claims as “baseless” in January 2024, saying they amounted to “political instrumentalization” of the 1948 Genocide Convention, a treaty that outlined the crime under international law in the aftermath of the Holocaust. It said it would file an intervention on Israel’s behalf.

But when that deadline arrived this week, Germany was not among the countries weighing in. It said it could not wade in without compromising its own ICJ case, filed by Nicaragua later in 2024, that alleges that Germany violated international law by supporting Israel in the Gaza war.

“We are now ourselves part of a contentious case before the ICJ and have therefore decided not to make use of this option,” said foreign ministry spokesperson Josef Hinterseher.

The ICJ turned down Nicaragua’s request for emergency measures against Berlin but allowed Nicaragua’s case to proceed. Among other demands, Nicaragua called for Germany to halt arms shipments to Israel and resume funding for UNRWA, the UN organization for Palestinians.

Germany joined several other countries in cutting support to UNRWA after Israel alleged that hundreds of its employees were members of terrorist organizations, and even took part in the October 7, 2023, Hamas massacre that sparked the war, but later restored funding after an independent review claimed Israel had not handed over sufficient evidence.

Germany’s failure to file an intervention on Israel’s behalf means Israel is without the support of one of its more stalwart European supporters. Germany is Israel’s second-largest weapons supplier after the United States and has rarely criticized Israel’s prosecution of the war. It lifted a partial arms embargo on Israel in November.

Hinterseher did not directly answer a question about whether Germany no longer rejects the genocide accusation. “We categorically reject Nicaragua’s allegations against Germany,” he said. “All other matters will have to be clarified before the court, and we do not wish to comment further.”

The United States defended Israel in an intervention submitted last week, saying the genocide claim was part of a broader campaign “to delegitimize the State of Israel and the Jewish people and to justify or encourage terrorism against them.” Paraguay became the first nation to file in support of Israel earlier this month.

Over 18 countries have submitted interventions, which serve to provide interpretations of the Genocide Convention. Iceland and the Netherlands recently joined the majority of nations filing critical statements about Israel.

Israel submitted a response to South Africa’s claims last week. Israel’s foreign ministry said the submission, which remains confidential, argued the ICJ lacks jurisdiction in the case and should dismiss it.

Israel has repeatedly denied allegations of genocide in Gaza.

Times of Israel Staff contributed to this report