ICSPR: Holding States Supporting the Occupation Accountable Before the International Court of Justice Is an Important Legal Development and a Genuine Test of States’ Responsibility for Contributing to International Crimes

Date: September 12, 2026

Press Statement

ICSPR: Holding States Supporting the Occupation Accountable Before the International Court of Justice Is an Important Legal Development and a Genuine Test of States’ Responsibility for Contributing to International Crimes

Gaza – The International Commission to Support Palestinian Rights (ICSPR) has followed with great attention the hearings concluded by the International Court of Justice (ICJ) concerning the preliminary objections submitted by the Federal Republic of Germany in the case brought by the Republic of Nicaragua regarding Germany’s responsibility for acts related to the Convention on the Prevention and Punishment of the Crime of Genocide and its obligations under relevant rules of international law, in the context of the ongoing situation in the Gaza Strip and the Occupied Palestinian Territory.

ICSPR considers that the significance of this case is not limited to the parties involved or its potential implications for German-Israeli relations. Rather, it extends to the very core of the international legal system and the question of states’ responsibility for their conduct when they provide, directly or indirectly, support or assistance to another state alleged to be committing serious international crimes.

ICSPR emphasizes that the mere fact that this matter has reached the International Court of Justice represents a highly significant development in the pursuit of state accountability, particularly amid the continued commission of grave violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory, and amid growing questions concerning the responsibility of states that provide weapons, political, financial, or other forms of support despite serious and increasing indications that such support is being used in the commission of violations that may amount to international crimes.

Legal Significance Extending Beyond the Palestinian Context

ICSPR emphasizes that the core legal significance of this case lies in testing the scope and limits of the responsibility of a state that does not directly commit the crime itself but may contribute to enabling another state to commit or continue committing it, whether through the transfer of weapons or equipment, the provision of financial, political, or logistical support, or other forms of relevant assistance.

In this context, the case raises before international judicial authorities a critically important question concerning the extent of states’ obligations not to provide aid or assistance in the commission of acts prohibited under international law, and the limits that political and military relations and alliances must observe when there is a serious risk that the support provided may be used to commit grave international crimes.

ICSPR considers that the development of international law cannot continue to hold only the direct perpetrator of a crime accountable while disregarding the international environment that enables the perpetrator to commit or continue committing such crimes. Protecting the international legal order also requires examining the responsibility of those who provide the means and capabilities that make the commission of crimes possible, easier, or more sustainable.

Germany’s Preliminary Objections and the Test of the Court’s Jurisdiction

ICSPR notes that the recent hearings before the International Court of Justice did not yet address the merits of the allegations concerning Germany’s responsibility. Rather, they were devoted to examining the preliminary objections raised by Germany regarding the Court’s jurisdiction and the admissibility of the case.

Among the issues raised at this stage was Germany’s argument concerning the Court’s inability to adjudicate the case in the absence of Israel as a party to the proceedings. This argument relates to the nature of states’ international responsibility and the extent to which the Court may adjudicate the obligations of one state involved in judicial proceedings without the other state directly concerned with the alleged acts being a party to the case.

ICSPR emphasizes that the Court’s forthcoming decision on these objections will be of considerable importance. Should the Court uphold its jurisdiction and allow the case to proceed, this would pave the way for consideration of the merits, at which stage the Court would examine the allegations concerning the extent to which Germany has fulfilled its international obligations, including those arising under the Convention on the Prevention and Punishment of the Crime of Genocide, within the scope of the case as determined by the Court.

Germany Facing a Legal, Political, and Moral Test

The International Commission to Support Palestinian Rights (ICSPR) considers that the case places Germany’s policy toward Israel before a highly sensitive test, particularly in light of Germany’s repeated declarations that Israel’s security constitutes part of its historical responsibility. While this approach is understandably connected to Germany’s historical responsibility for Nazi crimes and the Holocaust, it cannot become a basis for exempting any state from compliance with peremptory rules of international law, nor can it serve as a justification for providing support that may contribute to the commission of international crimes.

ICSPR emphasizes that history must not be used to justify violations of the rights of another people. Genuine fulfillment of Germany’s historical responsibility should instead be reflected in defending the principle of preventing the recurrence of crimes against humanity and genocide, protecting civilians, respecting international law, and ensuring that perpetrators of international crimes are not granted impunity, regardless of their identity or political position.

A Message to All States Supporting Israel

ICSPR considers that the potential significance of this case extends beyond Germany. Any judicial development that reinforces states’ responsibility for providing aid or assistance in the commission of international crimes could have broader implications for international military and security relations, arms-export policies, military cooperation, and political and financial support for states accused of committing grave violations.

Accordingly, the case carries a clear message to all states: political and military alliances do not confer immunity from international law, and support provided to another state cannot remain beyond accountability when there is a real risk that such support may be used to commit international crimes.

ICSPR emphasizes that respect for international law must not be selective, and that the rules protecting civilians and prohibiting genocide, crimes against humanity, and grave violations of international humanitarian law are binding upon all states without exception.

ICSPR: There Can Be No Sustainable Peace Without Accountability and an End to Impunity

The International Commission to Support Palestinian Rights (ICSPR) affirms that the judicial proceedings before the International Court of Justice, alongside other proceedings before international and national courts, form part of a broader legal struggle to protect the Palestinian people, end impunity, and uphold the principle of equality before international law.

ICSPR stresses that the objective is not to target any particular state, but rather to protect the international legal order from selectivity and collapse, and to ensure that political or military power, or international support, does not become a means of undermining international legal rules or obstructing accountability mechanisms.

Accordingly, ICSPR calls upon the International Court of Justice to address the case with the highest degree of independence and objectivity, free from political pressure. ICSPR also calls upon all states to respect the Court’s decisions and refrain from providing any support that could contribute to the commission or continuation of international crimes. It further calls upon the international community to move beyond statements of concern and condemnation toward concrete legal and political measures that ensure the protection of Palestinian civilians, end the occupation, and guarantee accountability and reparations.

ICSPR emphasizes that ending crimes and protecting human life must take precedence over all political considerations, and that international law cannot achieve its full effect if accountability is limited to those who carry the weapons while those who provide the weapons, or politically and financially enable their use, escape accountability.