On April 8 and 9, the International Court of Justice (ICJ), often referred to as the World Court, will hold hearings on a case brought by Nicaragua against Germany. Managua is accusing Berlin of facilitating genocide and breaches of international law by Israel against Palestinians and seeks to end military aid to the Jewish state.

The outcome of the hearings is unpredictable. But this is clearly an important event that could have far-reaching consequences, for three reasons: First, this is the highest court of the United Nations. It has no independent capacity to enforce its rulings, but they carry political weight, whether in the short or long term. Second, while Israel is not directly present in the courtroom, its ongoing genocide in Gaza is at the core of the proceedings. Third, whichever way the ICJ ends up ruling, its decision will have implications for other countries, especially in the West, which have supported Israel and its assault.

Nicaragua’s main argument is not complicated: the UN’s 1948 Convention on the Prevention and Punishment of the Crime of Genocide (in short, Genocide Convention) codifies more than one offense. Under its terms, perpetrating a genocide – Article 3(a) – is only one way to commit a horrific crime. In addition, so is serving as an accomplice – Article 3(e). And, finally, all signatory states commit themselves not only not to be either perpetrators or accomplices, but they have also signed up to prevent and punish genocide – Article 1.

Managua’s representatives argue that Berlin is guilty on two main counts: “Germany is facilitating the commission of genocide,” they maintain, which means acting as an accomplice. And “in any case has failed in its obligation to do everything possible to prevent the commission of genocide.” In addition, Nicaragua also accuses Berlin of being in breach of international humanitarian law, also known as the law of armed conflict, as well as various other binding norms of international law – by helping Israel continue its illegal occupations, its apartheid system, and its “negation of the right of self-determination of the Palestinian people.”

Despite persistent misinformation, the term “apartheid” does not refer only to the historic case of the racist South African regime between (formally) 1948 and the early 1990s. Rather, apartheid has been an internationally recognized crime against humanity for half a century already, as confirmed again by Article 7 of the........

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