ICJ Orders Nicaragua Reply in Germany Genocide Row
The Hague: The International Court of Justice (ICJ) set February 23, 2026, as the deadline for Nicaragua to respond to Germany’s objections in the case ‘Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory’.
The case alleges Germany’s breaches in Palestine. It focuses on genocide in Gaza. Germany disputed the Court’s jurisdiction and challenged the admissibility of Nicaragua’s claims, leading to a suspension of proceedings on the merits.
In an order dated October 22, 2025, the ICJ President, Yuji Iwasawa, set the time limit for Nicaragua’s response pursuant to Article 79bis, paragraph 3, of the Rules of Court, which mandates suspension of merits proceedings when preliminary objections are filed. Germany’s objections target the claims outlined in paragraph 484, subparagraphs 1 to 9, of Nicaragua’s Memorial, filed on July 21, 2025. The order notes that an original copy of Germany’s preliminary objections was transmitted to Nicaragua immediately, and the subsequent procedure has been reserved for further decision by the Court. The order copies were sent to the governments of Nicaragua and Germany, with one archived at the Peace Palace.
The case stems from Nicaragua’s application filed on March 1, 2024, accusing Germany of violating obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, and intransgressible principles of international humanitarian law and other peremptory norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip. Nicaragua contends that since October 2023, there has been a recognised risk of genocide against the Palestinian people, primarily in Gaza, and that Germany, as a contracting party to the Genocide Convention, has a duty to prevent such acts. Nicaragua alleges that Germany’s political, financial, and military support to Israel, combined with its defunding of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, facilitates the commission of genocide and fails to fulfil its obligation to prevent it.
Nicaragua bases the ICJ’s jurisdiction on the declarations by which both Nicaragua and Germany have accepted the Court’s compulsory jurisdiction under Article 36, paragraph 2, of the ICJ Statute, as well as the compromissory clause in Article IX of the Genocide Convention. The application included a request for provisional measures, filed concurrently on March 1, 2024, asking the Court to issue urgent measures to address Germany’s alleged participation in plausible genocide and breaches of international humanitarian law in Gaza, pending a decision on the merits. Public hearings on the provisional measures request were held on April 8 and 9, 2024. On April 30, 2024, the Court issued an order finding that the circumstances at that time did not warrant provisional measures under Article 41 of the Statute.
The procedural history includes an ICJ order dated July 19, 2024, setting July 21, 2025, for Nicaragua to file its Memorial and July 21, 2026, for Germany to file its Counter-Memorial. Nicaragua submitted its Memorial within the specified time limit, detailing its claims in paragraph 484, subparagraphs 1 to 9, which prompted Germany’s preliminary objections on October 21, 2025. These objections challenge the Court’s jurisdiction over the case and the admissibility of Nicaragua’s claims, leading to the current suspension of merits proceedings until the Court addresses the objections.
The ICJ’s procedure for handling preliminary objections is governed by Article 79bis of the Rules of Court, which requires the Court to resolve such objections before proceeding to the merits, ensuring that jurisdictional and admissibility issues are clarified early. Practice Direction V, referenced in the order, stipulates that the time limit for responding to preliminary objections, such as Nicaragua’s February 23, 2026, deadline, generally does not exceed four months from the filing date. This procedural step aligns with the ICJ’s established practice, as seen in cases like Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), where preliminary objections also paused merits proceedings.
Nicaragua’s history of engaging with the ICJ provides context for its current action against Germany. In 1984, Nicaragua brought a case against the United States (Military and Paramilitary Activities in and against Nicaragua), invoking the Genocide Convention and other international laws to challenge foreign interventions, demonstrating its precedent of using the ICJ to address alleged violations of international obligations. The current case’s focus on the Genocide Convention and Gaza reflects Nicaragua’s ongoing strategy to leverage international legal mechanisms to hold states accountable for actions impacting third parties, as supported by its reliance on Article IX of the Convention.
The case has drawn attention due to its implications for international humanitarian law and the responsibilities of states under the Genocide Convention. The ICJ’s handling of preliminary objections will determine whether the case proceeds to the merits, potentially setting a precedent for how third-party state actions are adjudicated in conflicts involving allegations of genocide. The February 23, 2026, deadline for Nicaragua’s response marks a critical step in this process, with the Court’s subsequent decision on Germany’s objections shaping the case’s trajectory.
– global bihari bureau
