Germany Speaks Up

According to the Times of Israel: "The German government sharply rejects allegations before the UN’s top court that Israel is committing “genocide” in Gaza and warned against “political instrumentalization” of the charge.
Government spokesman Steffen Hebestreit says in a statement that Israel was “defending itself” after the “inhuman” attacks by Hamas on October 7. He says Germany would intervene as a third party before the ICJ under an article allowing states to seek clarification on the use of a multilateral convention.
The move allows Germany to present its own case to the court that Israel has not infringed the genocide convention and has not committed or intended to commit genocide. Germany is not claiming to be legally impacted by South Africa’s case and therefore it does not require the ICJ’s permission for third party intervention. As a signatory of the 1948 Genocide Convention, it has the right to join cases and put forward its arguments on the case. Hebestreit stated that Germany “intends to intervene as a third party in the main hearing,” suggesting Berlin will intrude in South Africa’s primary case against Israel in which the court could take years to decide whether or not Israel has violated the Genocide Convention.
Accordingly, the move does not appear to influence this week’s proceedings — hearings where South Africa has requested an interim injunction from the court compelling Israel to implement a ceasefire. A decision on that more immediate matter is expected within one month.

“In light of German history and the crimes against humanity of the Shoah, the German government is particularly committed to the [UN] Genocide Convention,” signed in 1948 in the wake of the Holocaust, Hebestreit says. He says the Convention marked a “central instrument” under international law to prevent another Holocaust. For this reason, he says, “we stand firmly against a political instrumentalization” of the Convention. Hebestreit acknowledges diverging views in the international community on Israel’s military operation against Hamas in Gaza. “However the German government decisively and expressly rejects the accusation of genocide brought against Israel before the International Court of Justice,” he says.

“The accusation has no basis in fact.”

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