Adil Haque Profile picture
Distinguished Professor, @RutgersLaw. Executive Editor, @just_security. Author, Law and Morality at War.

Jun 2, 9 tweets

Last year, Germany told the ICJ it transferred €255M of arms to Israel from 10/23 to 3/24; the transfers reduced over time; and 98% were not "war weapons."

Today, Germany indicates that it transferred another €230M since then, possibly including "war weapons." 1/🧵

Germany appears to think the ICJ endorsed its "practice of careful case-by-case examination" of potential arms transfers in the case brought against it by Nicaragua.

This is a serious mistake. 2/🧵

The ICJ was very clear that its decision not to indicate provisional measures against Germany was based on the *combination* of Germany's arms transfer process *and* its reduction of arms transfers to Israel, especially "war weapons." 3/🧵

Judge Tladi was blunt in his Separate Opinion:

"any export of military equipment to Israel, in light of the evidence adduced in the current proceedings and the present Order, would render Germany without a defence" that it was not aware of the risks.

4/🧵

Perhaps the German government will clarify. But this disclosure makes it more likely that the ICJ will find that Germany has violated its legal obligations to ensure that Israel respects IHL and to prevent Israel from committing genocide in Gaza.

5/🧵

I will note that Germany has a procedural argument that the ICJ should not reach the merits of the case unless Israel joins the case as an "indispensable third party."

I think that argument will fail, and the Court will reach the merits.

That will be dark day for Germany. 6/🧵

Finally, note that “war weapons” licences must be issued at the ministerial level, including by the German Federal Foreign Office.

Germany's Foreign Minister for most of this period was Annalena Baerbock.

Today, Baerbock was elected President of the UN General Assembly.

7/7

This thread corrects a typo in an earlier version.

This thread corrects a typo in an earlier version.

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