International Court of Justice: Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua vs. Germany).

Oct 2025 : By an Order dated 22 October 2025, the President of the International Court of Justice has fixed 23 February 2026 as the time-limit within which Nicaragua may present a written statement of its observations and submissions on the preliminary objections raised by Germany in the case concerning Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicaragua v. Germany).

In the Order, the President notes that on 21st October 2025, Germany filed preliminary objections to the jurisdiction of the Court and to the admissibility of the claims contained in paragraph 484, subparagraphs 1 to 9, of Nicaragua’s Memorial, and that, in accordance with Article 79bis, paragraph 3, of the Rules of Court, the proceedings on the merits have therefore been suspended.

The subsequent procedure has been reserved for further decision.

History of the proceedings –

On 01st March 2024, Nicaragua filed an Application instituting proceedings against Germany for alleged violations by Germany of its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide and the Geneva Conventions of 1949 and their Additional Protocols, as well as “intransgressible principles of international humanitarian law and other peremptory norms of general international law” in relation to the Occupied Palestinian Territory, in particular the Gaza Strip.

In its Application, Nicaragua states that “each 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 further argues that by providing political, financial and military support to Israel and by defunding the United Nations Relief and Works Agency for Palestine Refugees in the Near East, “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

have accepted the compulsory jurisdiction of the Court pursuant to Article 36, paragraph 2, of its

Statute and on the compromissory clause contained in Article IX of the Genocide Convention.

The Application was accompanied by a request for the indication of provisional measures, in which Nicaragua asks the Court to indicate such measures as a matter of extreme urgency, pending the Court’s determination on the merits of the case, with respect to the “participation of Germany 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”.

Public hearings on this request were held on 8 and 9 April 2024. By an Order dated 30 April 2024, the Court found that the circumstances, as they then presented themselves to it, were not such as to require the exercise of its power under Article 41 of the Statute to indicate provisional measures.

By an Order dated 19 July 2024, the Court fixed 21 July 2025 and 21 July 2026 as the respective time-limits for the filing of the Memorial by Nicaragua and the Counter-Memorial by Germany. The Memorial of Nicaragua was filed within the time-limit thus fixed.

Team Maverick