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Germany faces genocide case over Israel weapon sales

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Nicaragua has asked the UN’s highest court to halt German weapons sales to Israel at the start of a landmark case.

Germany is accused of breaching the UN genocide convention by sending military hardware to Israel and ceasing funding of the UN’s aid agency.

Berlin rejects the claims and will present a defence to the International Court of Justice (ICJ) on Tuesday.

In 2023 some 30% of Israel’s military equipment purchases came from Germany, totalling €300m ($326m; £257m).

The allegations build on a separate case taken by South Africa in January, where judges in the Hague ordered Israel to take “every possible measure” to avoid genocidal acts. The court also ordered Hamas to release all hostages taken from Israel during its 7 October attacks immediately.Israel rejects accusations that it is engaging in genocidal acts in its campaign in Gaza, and has insisted it has the right to defend itself.

More than 33,000 have been killed in Israel’s offensive in Gaza, the Hamas-run health ministry there says, the majority of them civilians. Gaza is on the brink of famine, with Oxfam reporting that 300,000 people trapped in the north have lived since January on an average of 245 calories a day.

Nicaragua says Germany’s arms sales to Israel, which totalled $326.5m last year – a tenfold increase on 2022 – make it complicit in Israel’s alleged war crimes.

Components for air defence systems and communications equipment accounted for most of the sales, according to the DPA news agency.Germany was also one of 15 Western nations which suspended funding for the UN’s Relief and Works Agency for Palestine Refugees (UNRWA) over allegations that some of the agency’s staff were involved in the 7 October attacks on Israel.

According to papers filed with the ICJ, Nicaragua wants the UN’s top court to order Berlin to halt weapons sales and resume funding of the aid agency, one of the few international bodies still operating in Gaza.

It says in the absence of such measures, “Germany is facilitating the commission of genocide and is failing in its obligation to do everything possible to prevent the commission of genocide”.

Speaking as the trial opened, Alain Pellet, a lawyer for Nicaragua, said it was “urgent that Germany suspend continued sales.

“Germany was and is fully conscious of the risk that the arms it has furnished and continues to furnish to Israel,” he told judges.

Berlin has rejected the allegations, but has remained tight-lipped about its legal strategy ahead of the hearings.

“We note Nicaragua’s lawsuit and we deny the allegations as unjustified”, government spokesman Wolfgang Buechner said.

Chancellor Olaf Scholz has been a vocal supporter of Israel’s right to self-defence, but he has faced increasing domestic hostility to the continuation of arms sales to the country.

On Sunday, a group of civil servants wrote to the German leader calling on the government to “cease arm deliveries to the Israeli government with immediate effect”.

“Israel is committing crimes in Gaza that are in clear contradiction to international law and thus to the Constitution, which we are bound to as federal civil servants and public employees,” the statement said, citing January’s ICJ ruling.

In January’s case, the ICJ ruled that “at least some of the acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear to be capable of falling within the provisions of the Convention”.

But critics of the case have been quick to highlight that Nicaragua itself has a spotted human rights record, with its government accused of cracking down on opposition. In March, the UK’s mission to the UN accused President Daniel Ortega’s government of a “relentless” crackdown on human rights and civil liberties.

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Germany under pressure to explain intercepted phone call

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Germany is currently facing scrutiny after a leaked conversation among air force officials discussing the possibility of providing long-range missiles to Ukraine was made public by Russian sources. The recording, aired by Russia’s state-run RT channel, captured high-ranking German military officers discussing the potential use of Taurus cruise missiles to target the Kerch Bridge, which links Russia to Crimea.

The breach has raised significant concerns among Germany’s allies regarding its security measures. The discussion also touched on alleged British operations in Ukraine, further complicating matters.

While Germany’s defense ministry acknowledged the interception of the conversation, it could not confirm if the recording had been altered. The meeting was reportedly conducted on the Webex conference platform instead of a secure military platform, adding to Berlin’s embarrassment.

Germany’s Military Counterintelligence Service is investigating the security breach, though it remains uncertain if the findings will be disclosed publicly. Chancellor Olaf Scholz’s allies have rejected calls for a parliamentary inquiry.

The incident has underscored divisions over Scholz’s reluctance to supply Taurus missiles to Ukraine, citing concerns about their potential use against Russian territory. France and Britain have provided Kyiv with missiles of shorter range.

The leak has exposed a rift between senior German military officials advocating for Taurus deployment and Chancellor Scholz, whose focus appears to be on political survival rather than continental interests, according to critics.

German Defense Minister Boris Pistorius has labeled the hack as a Russian attempt to sow discord, characterizing it as a “hybrid disinformation attack” aimed at undermining unity. He cautioned against falling for Russian manipulation.

In response, the Kremlin has seized upon the leak to portray Western involvement in the Ukraine conflict. Kremlin spokesperson Dmitry Peskov suggested that the leaked conversation indicated the Bundeswehr’s deliberation over plans to strike Russian territory, further fueling tensions between Russia and the West.

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Jewish fears as German support for Israel is challenged on streets

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Chancellor Olaf Scholz expressed deep concern and condemnation over recent antisemitic attacks in Germany during an event commemorating the anniversary of the November pogroms of 1938, also known as “Kristallnacht.” Despite Germany’s historic responsibility and diplomatic support for Israel, social discord has arisen, particularly amid the ongoing conflict between Israel and Hamas.

The rise in antisemitism in Germany, exacerbated by incidents like the throwing of petrol bombs at a Berlin synagogue, has heightened anxiety due to the nation’s Nazi past. Cases of antisemitism were already increasing before the Hamas attacks, with a significant number attributed to the far right.

Senior politicians have called for people, especially from the political left and Muslim backgrounds, to distance themselves from Hamas actions. Germany’s commitment to Israel’s security, a fundamental aspect of its foreign policy, is facing challenges on the streets, as evidenced by protests with placards expressing dissent.

Some individuals, like Nadim Jarrar, advocate for a more open discussion on Israel’s actions, while others, such as Sami, emphasize the need to express pain about the situation in Gaza. Germany’s vice-chancellor, Robert Habeck, acknowledges that criticism of Israel is allowed but emphasizes the non-negotiable nature of Israel’s right to exist.

However, there are concerns about the integration policy in Germany, with instances of antisemitic and anti-Israel sentiments surfacing during protests. Felix Klein, the government’s Commissioner for Jewish life in Germany, highlights the problem when criticism turns into hate denying Israel’s right to exist.

Despite the genuine anguish felt in Germany over the safety of Jewish people, there is also anger in some communities about the perceived reluctance of political classes to criticize Israel, contributing to a complex and evolving societal debate.

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