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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. [...] 17. The Court further notes that, as Germany has also stated [...] only four licences for "war weapons" have been granted. [...] 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 ... [...] 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.[...] 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.
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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