Verfassungsblog (Mar 2024)
Conspicuously Absent - The Indispensable Third Party Principle at the ICJ in Nicaragua v Germany
Abstract
Nicaragua alleges that Germany violates the Genocide Convention and international humanitarian law by assisting Israel and also by failing to prevent violations of these bodies of law. It requests the International Court of Justice to indicate provisional measures, which would oblige Germany inter alia to stop assisting Israel. While the Court may be barred from exercising its jurisdiction over Nicaragua’s claims relating to the Genocide Convention it may be able to hear the claims regarding Germany’s duties under IHL.
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