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icj | The Court to deliver its Order on Tuesday 30 April 2024, 26 Apr Nicaragua v. Germany
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It is recalled that, on 1 March 2024, Nicaragua filed an Application instituting proceedings against Germany concerning alleged violations by Germany of its obligations deriving from the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions of 1949 and their Additional Protocols, "intransgressible principles of international humanitarian law" and other norms of general international law in relation to the Occupied Palestinian Territory, particularly the Gaza Strip (see press release 2024/19). The Application also contained a Request for the indication of provisional measures. Public hearings on the request were held on 8 and 9 April 2024 (see press release 2024/28 for the requests made by the Parties)
palestinechronicle | 'Immediate Measures' - Israeli Officials Attempt to Counter Possible ICC Arrest Warrants, 25 Apr
...The NSC-approved measures included phone calls between Netanyahu and his international counterparts, putting pressure on the US administration and involving the Israeli Ambassador to Washington, Michael Herzog, in these efforts....
archive auswaertiges-amt.de in ICC Arrest Warrants Israeli Leaders Expected, sonstige Rüstungsgüter in Gaza Genocide Breeds Losers Only
reference
icj, VERBATIM RECORD | UN WebTV, 8 Apr 2024
icj, VERBATIM RECORD | UN WebTV, 9 April 2024

comment: The ICJ has moved quickly to schedule hearings of South Africa and Nicaragua—contentious cases between states. Having delved into both tribunal's public documentation on jurisdiction, my understanding is that ICJ advisory opinions (findings of law) necessarily precede ICC trial (findings of fact). I'd like to believe that, although ICJ has not issued a final judgment of either case, the ICC prosecutor possesses advance notice of the court's opinion in the first instance, South Africa; hence, premature agitation for and against ICC arrest of Israeli authorities. I'm inclined to expect ICJ judgment by calendar year end, on or about 5 November would be ideal so that trial drags either POTUS-elect through the bowels of hell for FOUR MORE YEARS.

by Cat on Sat Apr 27th, 2024 at 04:53:34 PM EST
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ICJ | Unanimous Order of 30 April 2024, measuring (b), (c), (e)
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16. The Court notes that Germany, as it has stated, is bound by the Arms Trade Treaty of 2 April 2013 and by the European Council Common Position 2008/944/CFSP of 8 December 2008 (as amended by Council Decision (CFSP) 2019/1560, published on 17 September 2019), which defines common rules governing the control of exports of military technology and equipment.
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17. The Court further notes that, as Germany has also stated [...] only four licences for "war weapons" have been granted.
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18. The Court in addition notes that, as stated by Germany, there has been a significant decrease since November 2023 in the value of material for which the licences were granted ...
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23. The Court recalls that, pursuant to common Article 1 of the Geneva Conventions, all States parties are under an obligation "to respect and to ensure respect" for the Conventions "in all circumstances". It follows from that provision that every State party to these Conventions, "whether or not it is a party to a specific conflict, is under an obligation to ensure that the requirements of the instruments in question are complied with" [Advisory Opinion 2004]. Such an obligation "does not derive only from the Conventions themselves, but from the general principles of humanitarian law to which the Conventions merely give specific expression" [Advisory Opinion 1986]. With regard to the Genocide Convention, the Court has had the opportunity to observe that the obligation to prevent the commission of the crime of genocide, pursuant to Article I, requires States parties that are aware, or that should normally have been aware, of the serious risk that acts of genocide would have been committed, to employ all means reasonably available to them to prevent genocide so far as possible (Application of the Convention on the Prevention and Punishment of the Crime of Genocide [Advisory Opinion 2007]. Further, States parties are bound by the Genocide Convention not to commit any other acts enumerated in Article III (ibid.[2007], p. 114, para. 168).
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
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25. The Court reaffirms that the decision given in the  present proceedings in no way prejudges the question of the jurisdiction of the Court to deal with the merits of the case or any questions relating to the admissibility of the Application or to the merits themselves. It leaves unaffected the right of the Governments of Nicaragua and Germany to submit arguments in respect of those questions.
archive ICJ Notice Obligations Arms Ban to Armed. Conflict in Is the ICC Anti-Semitic
by Cat on Wed May 1st, 2024 at 04:51:53 PM EST
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