1 March 2024
Press Release
Unofficial
No. 2024/19
The Republic of Nicaragua institutes proceedings against the Federal Republic of Germany
and requests the Court to indicate provisional measures
THE HAGUE, 1 March 2024. Nicaragua today filed an Application instituting proceedings against Germany before the International Court of Justice for alleged violations by Germany of its obligations deriving from the Convention on the Prevention and Punishment of the Crime of Genocide (the ¡°Genocide Convention¡±), the Geneva Conventions of 1949 and their Additional Protocols, ¡°intransgressible principles of international humanitarian law¡± and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip.
The Applicant states that ¡°[e]ach and every Contracting Party to the Genocide Convention has a duty under the Convention to do everything possible to prevent the commission of genocide¡± and that, since October 2023, there has been ¡°a recognised risk of genocide against the Palestinian people, directed first of all against the population of the Gaza Strip¡±. Nicaragua argues that by providing political, financial and military support to Israel and by defunding the Âé¶¹APP Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), ¡°Germany is facilitating the commission of genocide and, in any case has failed in its obligation to do everything possible to prevent the commission of genocide¡±.
Nicaragua seeks to found the Court¡¯s jurisdiction on the declarations by which both States accept the compulsory jurisdiction of the Court and on the compromissory clause contained in Article IX of the Genocide Convention.
The Application also contains a Request for the indication of provisional measures, pursuant to Article 41 of the Statute of the Court and Articles 73, 74 and 75 of the Rules of Court. Nicaragua requests the Court to indicate provisional measures as a matter of extreme urgency, pending the Court¡¯s determination on the merits of the case, with respect to Germany¡¯s ¡°participation in the ongoing plausible genocide and serious breaches of international humanitarian law and other peremptory norms of general international law occurring in the Gaza Strip¡±.
Pursuant to Article 74 of the Rules of Court, ¡°[a] request for the indication of provisional
measures shall have priority over all other cases¡±.
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The Application instituting proceedings, which includes the Request for the indication of provisional measures, is available below in PDF format.
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Note: The Court¡¯s press releases are prepared by its Registry for information purposes only and do not constitute official documents.
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Document Type: Application, Press Release
Document Sources: International Court of Justice (ICJ)
Country: Germany, Nicaragua
Subject: Armed conflict, Convention: Genocide, Gaza Strip, Genocide, Human rights and international humanitarian law
Publication Date: 01/03/2024
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