Middle East Monitor, March 19
Germany has stepped back from its earlier pledge to support Israel at the International Court of Justice (ICJ) in the Gaza genocide case, in a significant shift from its position when South Africa first brought proceedings in 2023.
A German foreign ministry spokesperson said this week that Berlin will not intervene on Israel’s behalf in the case at The Hague, despite having announced in January 2024 that it would support Israel and rejecting South Africa’s allegations as unfounded.
The move marks a notable change in Germany’s public position. When South Africa filed its case accusing Israel of violating the Genocide Convention through its military assault on Gaza, Berlin was among the first Western governments to rally behind Israel, arguing that the accusation of genocide had “no basis”.
According to the foreign ministry, Germany’s decision is tied to its own legal difficulties at the ICJ. Berlin is itself defending a separate case brought by Nicaragua, which accuses Germany of violating international law, including the Genocide Convention, through its political, military and financial support for Israel’s Gaza genocide.
That case has already exposed Germany to growing scrutiny over its arms exports to Israel and its suspension of funding to the United Nations Relief and Works Agency (UNRWA). Although the ICJ declined in 2024 to order emergency measures against Berlin, it allowed Nicaragua’s case to proceed, leaving Germany to continue defending its conduct before the court.
Berlin has not said that it now accepts South Africa’s genocide allegations against Israel, and German officials have continued to reject claims made against Germany in the Nicaragua case. But its decision not to formally join Israel’s defence is likely to be read as an attempt to avoid further legal and political exposure as international pressure mounts over Israel’s Gaza genocide and Germany’s complicity.
The development comes as more states line up to take part in the case. The Netherlands and Iceland have now joined the ICJ proceedings, filing a declaration of intervention on 11 March, adding to the growing list of countries seeking to weigh in on S
A view of the International Court of Justice (ICJ) building where Nicaragua will present its arguments in case accusing Germany of facilitating genocide in Gaza by providing political and military support to Israel in The Hague, Netherlands on April 08, 2024. [Dursun Aydemir – Anadolu Agency]