Germany rejects allegations that it's facilitating acts of genocide in Gaza at UN court
The Hague, Apr 9: Germany on Tuesday strongly rejected a case brought by Nicaragua at the United Nations' top court accusing Berlin of facilitating breaches of the Geneva Convention and international humanitarian law by providing arms and other support to Israel in its deadly assault on Gaza.
"The minute we look closely, Nicaragua's accusations fall apart,” Christian Tams, a member of Germany's legal team, told the 16-judge panel at the International Court of Justice.
On Monday, Nicaragua urged judges to order a halt to German military aid to Israel, arguing that Berlin's support enables acts of genocide and breaches of international humanitarian law in Gaza.
The head of Germany's legal team, Tania von Uslar-Gleichen, said Nicaragua's claims "have no basis in fact or law. They are dependent on an assessment of conduct by Israel, not a party to these proceedings.”
Preliminary hearings held on Monday and Tuesday are focused solely on Nicaragua's request for so-called provisional measures, including a court order for Berlin to halt military and other aid to Israel and reinstate funding to the UN aid agency in Gaza.
Tams said that Germany had licensed only four exports of weapons of war to Israel since October, “three of which concern test or practice equipment.”
Showing judges a photo of German aid being airdropped over Gaza, Tams added that Berlin continues to provide humanitarian support to Palestinians “every single day under extremely difficult conditions, constructively engaging with international partners.”
Nicaragua's case is the latest legal attempt to rein in Israel's offensive by a country with historic ties to the Palestinian people, after South Africa accused Israel of genocide at the same court late last year. It also comes against a backdrop of growing calls for Israel's allies to stop supplying the country with weapons — and as some supporters, including Germany, have grown more critical of the war.
At Monday's hearings, Nicaragua's Ambassador to the Netherlands, Carlos José Argüello Gómez, accused Germany of “failing to honour its own obligation to prevent genocide or to ensure respect of international humanitarian law.”
However, another lawyer for Germany, Samuel Wordsworth, argued that the court could not rule Germany was violating the obligation to prevent genocide because its judges have not ruled that Israel is breaching the Genocide Convention.
In a preliminary phase of the case brought late last year by South Africa, the UN court has said that it is “plausible” that Israel's actions in Gaza could amount to breaches of the convention.
“How can it be said that there was a failure to ensure respect of a third state, if the failure on the part of that third state to respect is not established in the first place?” Wordsworth said.
The court will likely take weeks to deliver its preliminary decision, and Nicaragua's case will probably drag on for years.
Israel strongly denies that its assault amounts to genocidal acts, saying it is acting in self defense after Hamas-led group stormed into southern Israel on October 7, killing some 1,200 people.
Since then, more than 33,000 Palestinians have been killed in Gaza, according to the territory's Health Ministry. It has said women and children make up the majority of the dead.
According to the Stockholm International Peace Research Institute, Germany is second only to the US in supplying arms to Israel — but it would be harder, if not impossible, for the US to be brought before the court because Washington does not recognise the ICJ's power to compel countries to appear before it. The US also has not signed a protocol to the Genocide Convention that allows countries to bring disputes to the court.
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Delhi HC orders Rs 30 lakh compensation to kin of 3 deceased sanitation workers
New Delhi (PTI): The Delhi High Court has directed the city authorities to pay Rs 30 lakh compensation each to the families of three sanitation workers who died during manual scavenging in 2017.
The HC allowed the petition by the family members seeking higher ex gratia in accordance with a Supreme Court order in 2023 which increased the compensation payable to the dependents of the victims who lost their lives in manual scavenging to Rs 30 lakh from the existing Rs 10 lakh.
The family members said in the petition that the three sanitation workers died in August 2017 while cleaning a drain in Lajpat Nagar. The plea said the deceased were engaged by a Delhi Jal Board sub-contractor.
The petitioners said that after they died, a compensation of Rs 10 lakh was awarded to the family members. However, they prayed that the amount be increased to Rs 30 lakh.
"It can be seen that the directions issued by the Supreme Court were expressly made applicable to all the statutory bodies including corporations, railways, cantonments as well as the agencies under its control.
"Moreover, the Union and State governments were directed to ensure that the rehabilitation measures were taken with respect to sewage workers, including the family of those who have lost their lives. Specifically, it was directed that the compensation of Rs 10 lakh that was given to the family members of the deceased workers be enhanced to Rs 30 lakh," Justice Sachin Datta said.
The high court said necessarily, the ameliorative directions, strictures and the embargo imposed by the Supreme Court are applicable to the Delhi Jal Board (DJB) as also to any agency that may be engaged by the board within any part of Delhi in connection with the work relating to the collection of sewage or carrying out connected works.
"Any disregard or violation thereto would invite strict consequences" as envisaged in the apex court verdict, it said.
Considering the reasoning given by the apex court, it would be a travesty if the entitlement of the family members of the deceased scavenging workers is confined to Rs 10 lakh, the high court said.
"The same would defeat the directions of the Supreme Court to enhance the compensation to Rs 30 lakh on the basis that the previously fixed compensation of Rs 10 lakh was fixed as far back as in the year 1993 and could not be considered to be an adequate compensation," it said, adding that the family members of the deceased sanitation workers are entitled to a compensation of Rs 30 lakh.
The high court said the remaining amount be paid to the family members within eight weeks.
Observing that manual scavengers have lived in bondage, systematically trapped in inhuman conditions for a long time, the Supreme Court had in October last year asked the Centre and state governments to completely eradicate manual scavenging across the country.
Passing a slew of directions for the benefit of people involved in manual scavenging, it had asked the central and state governments to pay Rs 30 lakh as compensation to the next of kin of those who die while cleaning sewers.
"The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that the previous amount fixed, that is, Rs 10 lakh) was made applicable from 1993. The current equivalent of that amount is Rs 30 lakh. This shall be the amount to be paid, by the concerned agency, that is, the Union, the Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be Rs 30 lakh," the Supreme Court had ordered.
It had also said that the authorities needed to take measures for the rehabilitation of the victims and their families.
