THE HAGUE, Tuesday, April 30, 2024 (WAFA)- The International Court of Justice today delivered 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).

In its Order, the Court: “By fifteen votes to one, finds that the circumstances, as they now present themselves to the Court, are not such as to require the exercise of its power under Article 41 of the Statute to indicate provisional measures.”

The Court also recalled its Order of 26 January 2024 and Order of 28 March 2024, delivered in the case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), in which it affirmed that it remains deeply concerned about the situation in Gaza.

The Court furthermore considered that it is “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 [Genocide Convention and the 1949 Geneva] Conventions [on international humanitarian law].”

“All these obligations are incumbent upon Germany as a State party to the said Conventions in its supply of arms to Israel,” noted the Court.

The Court also reaffirmed 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 the merits themselves. It leaves unaffected the right of the Governments of Nicaragua and Germany to submit arguments in respect of those questions.

Finally, the Court found that there being no manifest lack of jurisdiction, it could not accede to Germany’s request to remove the case from the Court’s docket.

T.R.