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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But it makes a serious analytical error when it implies that most of the 25,211 boys over 15 and men under 65 killed by the IDF as of March were fighters.
The IDF itself says that 2/3 to 3/4 of those it kills are civilians.
2. Assuming MoH records include all Hamas fighters (more on that later), that would mean the IDF killed between 12,630 and 16,672 fighters while killing between 12,581 and 8,539 civilian teenage boys and men.
3. The IDF says that it has killed around 20,000 fighters.
That's mostly a made up number.
There's also no way to reconcile that number with MoH records and the IDF's other statements ...
Over at the ICC, Israel has filed its appeal of the Pre-Trial Chamber's decision that art. 18(1) of the ICC Statute did not require the Prosecutor to open a new investigation after 10/7 and notify Israel to that effect.
It's so dumb.
Technical 🧵 below for the hardcores. 1/🧵
2. In 2021, the Prosecutor notified Israel that she had opened an investigation into alleged crimes committed in Palestine "since 13 June 2014."
She found a reasonable basis to believe the IDF and Hamas had committed war crimes in the context of the 2014 hostilities in Gaza.
3. The Prosecutor invited all States with jurisdiction, including Israel, to inform the Court within one month if it was investigating any of the alleged crimes.
If so, the Prosecutor would defer under the complementarity principle.
Over at the ICC, Hungary has submitted its response in the noncompliance proceedings arising from its failure to arrest Benjamin Netanyahu during his recent visit.
Hungary's response is legally flawed and will not avoid a noncompliance finding.
Short 🧵 below.
1. Hungary says it hasn't incorporated the ICC Statute into its national law.
Doesn't matter.
A party to a treaty may not invoke the provisions of its internal law as justification for its failure to perform a treaty.
Basic stuff.
2. Hungary next says that Netanyahu enjoys immunity from arrest as a sitting Head of Government.
The ICC has repeatedly rejected this view, first with respect to Omar Al-Bashir, and most recently with respect to Vladimir Putin—Heads of State of non-States Parties.
Netanyahu's response to the UK, Canada, and France is deranged but revealing.
They demand that Israel cease its military offensive, allow humanitarian aid, refrain from permanent forced displacement, and accept a ceasefire deal that frees all hostages and ends Hamas’ rule. 1/🧵
2. But Netanyahu starts with their last sentence, where they commit to recognize a Palestinian State at some point in the future.
Obviously, a State of Palestine with fixed 1967 borders alongside Israel is not what Hamas wants and is not a "prize" for 10/7.
3. The "Arab plan" would turn governance of Gaza over to a Palestinian committee and ultimately to the Palestinian Authority.
Over at the ICC, Israel has requested that the arrest warrants for Netanyahu and Gallant be withdrawn or vacated pending a ruling on Israel’s jurisdictional challenge.
This request rests on some basic mistakes.
Technical 🧵 below for the hardcores. 1/
2. Under art. 19(1) of the ICC Statute, the Pre-Trial Chamber must satisfy itself that it has jurisdiction before issuing arrest warrants.
Art. 19(2) allows certain persons and States to challenge its jurisdiction.
Typically, the warrant comes first, then the challenge.
3. Israel tried to challenge jurisdiction under 19(2)(c) *before* the PTC issued warrants.
The PTC found that Israel lacked standing under 19(2)(c) but would have standing under 19(2)(b) after warrants are issued.
The PTC found jurisdiction under 19(1) and issued the warrants.