The trial will begin on September 7 at the International Court of Justice in response to the complaint filed by Nicaragua against Germany for its complicity in the Gaza genocide.

Nicaragua bases its accusation on Germany's supply of weapons and support to Israel, as well as its suspension of funding for UNRWA, the UN agency for the protection of Palestinian refugees. The trial could mark the beginning of accountability for countries that supported Israel during the Gaza genocide.

It is one of the most significant trials illustrating the responsibility of Western countries for serious violations of international law and the norms for the protection of peoples from international crimes.

The complaint does not affect Germany's responsibility for acts directly committed by Israel. Rather, it raises a more sophisticated question: to what extent can a third country be held responsible for its own actions if it grants political, financial, or military support to a country accused of serious violations of international law? Here lies the importance of the case: it moves the discussion from the direct responsibility of the state, which is considered responsible for the crime, to the responsibility of states that contribute to perpetrating it, support it, or fail to take the necessary measures to prevent a crime against humanity.

Since October of last year, the trial has been in a decisive phase. Germany has objected to the Court's jurisdiction and the admissibility of Nicaragua's complaint. That led to the suspension of the investigation and the initiation of a separate procedure to clarify these preliminary questions.

From a legal standpoint, Germany's objections to the jurisdiction of the International Court of Justice and, consequently, to the admission of Nicaragua's complaint are among the strongest points of its defense.

The Criminal Responsibilities of Arms Dealers

In March 2024, Nicaragua filed a complaint against Germany before the International Court of Justice. The Central American country accused Germany of violations of the principles of international law. States' obligations are not limited to direct orders of violation. They also cover obligations of prevention, non-assistance, and guarantee under international law. Nicaragua accuses Germany of supporting Israel politically, financially, and militarily, and of suspending funding for UNRWA. Furthermore, Nicaragua argues that these acts also constitute violations of its obligations to prevent genocide.

The significance of the trial derives from the fact that if the Court convicts Germany for complicity in genocide, it also indirectly convicts Israel as the material perpetrator of the crime. In other words, Germany would be responsible for the crimes committed by Israel, or rather, the Gaza genocide could not have been committed without Germany's support. Ninety-nine percent of the weapons used by the Israeli army are supplied by the United States and Germany.

The trial against Germany is not a repetition of the one initiated by South Africa against Israel, which is the central issue. It does not deal with a crime but rather with the obligation to prevent it—for example, by ordering an arms embargo against the offending state. If the Court were to conclude that countries that export arms have the obligation to assess the risks associated with deliveries, it would have devastating consequences for Germany and other countries that traffic in weapons.

Naturally, this type of setup, such as the International Court of Justice, is not entirely trustworthy. In 2006, it already ruled that genocide had been committed in Srebrenica, which is a historical falsehood. Serbia was not convicted for having committed it but for not having prevented it, which brings it closer to the current case, where genocide has indeed been committed. The obvious problem is political: Israel is not Serbia. Until now, Israel has had carte blanche to repeatedly violate every single principle of international law.

The key to the trial is also evident: if for decades Israel has been able to mock international law and commit all kinds of crimes, it is because countries such as Germany have allowed it. If until now no one has been able to stop the hand of the criminal, perhaps there is some hope of stopping his accomplices.