Live: ICJ rules on Germany’s complicity in Israel’s alleged genocide in Gaza | DW News

Live: ICJ rules on Germany’s complicity in Israel’s alleged genocide in Gaza | DW News

74 and 75 of the rules of the court in accordance with the usual practice I shall not the introductory paragraphs of the order which set up the principal steps of the procedure in the case I also omit or summarize some other paragraphs I shall therefore begin the reading with the order at paragraph 13 the cour recording under article 41 of his statute the power to indicate if it considers that circumstances require any provisional measures which to be taken to preserve the respective rights of either party in the present proceedings the court considers that it must first Asain whether nicar has sufficiently shown all the circumstances as they now present themselves to the court such to require the exercise of its power to indicate that according toar by providing weapons to isra bying provision of funds to United Nations in the near East Germany has failed to comply with its obligations under the genocide convention and international humanitarian law including the Geneva conventions of 12th of August 1949 and the additional Protocols of 8th of June 77 and its Nicaragua contends for the year 2023 German government authorized exports of military equipment and War weapons more than 10 times the amount for the year 2022 theast majority of which have been granted since the beginning of the military operation [Music] is claims that Germany could not be unaware of the situation in Gaza nor ignore the likelihood that military and weapons be used by Israel I quote BN and kill thousands of Palestinian children women and men end of quote it also claims that Germany has not only violated its obligations to prevent and punish preaches of the genocide conven International humanitarian law so that it is also I quote complicit in them by aiding and assisting the commission of those breaches and of course that in response Germany first has fulfilled the obligation genocide convention PR the occurr of genocide by continuous using all reasonable means at its disposal to exert it influence on Israel in to improve situation in Gaza and fish humanitarian to the population of Gaza secondly it conts that the obligation could be derived from common article one of the Geneva conv in non parties state to refrain from completely from providing Military Support to a state involved in a German further but it has stringent license to assess whether there is any risk of serious violations the genocide conv international humanarian law and other Norms International La by the recipient State according to Germany there is no evence that the supply of mil International humanitarian law the court notes that Germany has stated is bound by the armed trade Treaty of the 2nd of April 2013 and by the European Council common position the 8th of December 2008 as amended on the 17th of September 2019 which defines common rules governing the control of exports of military technology and Equipment the court firat that as Germany has also stated the German legal framework manufacturing Park marketing and Export weapons and other military equipment involves an inter agenty consideration by at least two min and potentially other Ministries depending on the content of the license application Under This legal framework there are two categories of military technology subject to licensing or weapons of which requ other military equipment the export of which requires only one license under the German legal framework for every license that is granted an assessment is carried out by the German government to ascertain whether there is a clear risk particular item subject to licensing would be used in the commission genocide crimes against humanity gra features of the four Geneva conventions the court in addition that stated by Germany there has been a significant decrease since November 2023 in value of material for which the licenses were granted from approximately 200 million in October 2023 toim 24 million in november23 apprx 1 million March 2024 also notes that of O 2023 according to Germany only four licenses for war weapons have been granted two one prop charges for test purp and one consider the export of 3,000 portable anti-tech weapons further not that Israel have also approached the German government in 2023 tank ammunition no decision by the respondent has th far been made regarding this request in addition according to the licensing for export of a submarine is currently pending liesed has so far been granted cour takes note of Germany statement that 98% of the lies granted since the 7th of October 202 military equipment and not war weap toest that Germany resum support and financing of an in respect of it operations in G of quot the cour announced it decision to suspend it contribution on 27th of january4 in respect of his operations in Gaza in this regard cour obes first that contributions to un are voluntary in nature secondly it notes that according to the information provided to it Germany no new payment was due from the L following the announcement of decision fin the court notes that Germany stated that it has supported initiatives aimed at funding agc’s work particular through the payment of Million by the European Union on the 1 of March 2024 as well as providing financial and material support to other organizations operating in the Gaza Strip 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 stute to indicate provisional measures as the German requested the case removed from the list Court notes that as it in the past where there is a manifest of jurisdiction it can remove the case from the list of the provisional meas at the provisional measure stagey there is no such man where there is no such man in the present case there being no manifest to Germany’s request I will now continue reading the order that in its order of 26 January 2024 in the case concerning the application of the convention on the prevention and Punishment of the crime of genocide in the Gaza Strip between South Africa and Israel it noted that the military operation conducted by Israel following the attacks of 7 October 2023 had resulted and I quote a large number of deaths and injuries as well as the massive destruction of homes the forcible displacement of the vast majority of the population and extensive damage to civilian INF infrastructure and of course in addition the court remains deeply concerned about the catastrophic living conditions of the Palestinians in the Gaza STP in particular in view of the prolonged and widespread deprivation of food and other basic necessities to which they have been subjected as acknowledged by the court in its order of March 28 2024 delivered in the same case the court further records that pursuant to Common article one of the Geneva conventions all states parties are under an obligation to respect and to ensure respect for the conventions in all circumstances it follows from that provision that every state party to these conventions whether or not it is a party to a specific conflict is under an obligation to ensure that the requirements of the instruments in questions are complied with such an obligation does not derive only from the conventions themselves but from the general principle of humanitarian law to which the conventions merely give specific expression with regard to the genocide convention the court has had the opportunity to observe that the obligation to prevent the commission of the crime of genocide pursuant to article one requires States parties that are aware or they should normally have been aware of the serious risk that acts of genocide would have been committed to employ all means reasonably available to them to prevent genocide as far as possible further State parties are bound by the genocide convention not to commit any other acts enumerated in article three of this convention moreover 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 set conventions in its supply of arms to Israel the court affirmed that the decision given in the present proceedings in no way prejudges the question of the jurisdiction of the court to deal with the merits of the case or any questions relating to the admissibility of the application or to the themselves it leaves unaffected the right of the governments of Nicaragua and Germany to submit arguments in respect of those questions I shall Now read out the operative part of the ordinal for these reasons the court by 15 votes to one find that the circumstances as they now present themselves to the court are not such as to require the exercise of its power under artic article 41 of the statute to indicate provisional measures in favor president Salam vice president seui judges dka Abraham yof sh bander iwasawa n shorth BR Gomez roblo Cleveland oresco against judge adhoc alasar I shall Now call on the registar to read the operative part of the order in French Madame presid M Tom abrah Madame m iwasawa n Madame Charles M brand Gomez roblo Madame clevand M the text of the order is available from today in typescript it will be available shortly on the court website the printed text will be available in due course as the court has no further business before it today I declare the sitting closed for for

The International Court of Justice will deliver its Order on the Request for the indication of provisional measures submitted by Nicaragua in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany). A public sitting will take place at the Peace Palace in The Hague, during which Judge Nawaf Salam, President of the Court, will read the Court’s Order.

#icj #icjgermany #internationalcourtofjustice
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