was says subjugation specifically concerning occupying powers. germany is not an occupying the maker, right? good accusative, not to comply with its own obligations as germany under international humanitarian little that it must comply with in any circumstances. and that includes its obligation to prosecute, try and punish persons responsible for or accused of serious crimes under international law, whether it is genocide or crimes or upon tied, saw from doing so. kevin is going ahead with business as usual, or rather as done. yeah, man, i explained business better than usual sales have not ceased. they have increased significantly

nor does nicaragua accuse germany of pursuing in apartheid policy against the palestinian people or of denying it's right to self determination or to accuse us it off is providing age and assistance to the preservation of systematic, racial discrimination. and they appall, tied to originally meant that the post and in people is a victim of a failing to fulfill its obligation to cooperate in achieving it's right to self determination. a list by providing israel with assistance, particularly military that is being used and can be used to prevent the exercise of self determination. and as indeed germany, not any other state, not israel, that nick you or i could accuse us of suspending of cutting off funding to

run for its activities in gaza. preventing it from carrying out a vital irreplaceable humanitarian role in the enclave. at a time when the crew is increasingly indispensable. in this way facilitating is really abuse as an aggravating finding. the lack of water and medical care and aggravating further, the humanitarian catastrophe. the same can be said to of the request to indicate provisional, metro is an agent in a few moments where we don't the final version within the, in here at the limits of the quotes jurisdiction. they all concerned and only concern germany, whether we are talking about germany having immediately to suspend it, say, to israel, and particularly it's military assistance. and so far as to say, it may be used in the violation of the genocide convention or other peremptory

norms of general international little germany must immediately make every effort to ensure that weapons already delivered to his rail or not twos, to commit genocide or used in such ways to violate international humanitarian law. all again, germany must reverse its decision to suspend the funding of own right in gaza. as part of the compliance of itself, vacations to prevent genocide, us, and serious violations of international humanitarian law. these are specific and precise requirements that concern only germany and the dog was capable of immediately bringing relief to the suffering of the

palestinians. and the violations of the most fundamental principles to be brought into a renewal. and also to mitigate the genocidal pressure of which the palestinians, the victim mister president. i don't want to go into detail of the correct cause, complaints address to terminate. but i would like to give a few examples of the autonomous existence as compared to those that might be addressed to israel. if the latter were to accept the jurisdiction of the court. aside from the single exception towards place of the genocide convention. but let's begin with this. i said that except for one aspect and some important one, nicaragua is not accusing germany of commission genocide against the palestinian people in gaza or elsewhere was just saying to is responsible off in the 1st instance is a failure to fulfill its obligations to prevent and punish the crime of genocide

and the obligation of the ways on all parties to the 1948 convention they sec can be seen from the full title of the convention. its very 1st article in which my quotes i talked to go, the contracting policies confirm that genocide, whether commit suits in time of peace or in time of war. it's a crime under international which they undertake to prevent and punish they undertake to prevent and to punish as the cortez underscore the with considerable firmness in the very 1st contemptuous case on genocide that was brought before the court. i quote, the obligation on each contracting party, the state on each contracting state to prevent genocide is both normative and compelling. so for the most germany is why the, wherever this,

it relied on this very duty and intervening in the case of genocide against the rank. and it was even more explicit in a statement made by the federal ministry of foreign affairs on the 17th of november 2023. my questions in english feels it has a special responsibility to contribute to the fight against ends of prevention, any investigation of any potential genocide. and to send the message that states will be held accountable for or acts of genocide, genocide, chromosomes, as or where ever in the world or codes.

and it never knew how to use this the, the, it was the 1st time i tried to use my phone. and said, it is this obligation then germany has not respected. it is this bridge which you will be called on to appraise when you're looking at the merits of the case. and i would also like to note that this is an obligation of behavior and not result, which is what differentiates us from the idea of not committing genocide as the court has already noted in its judgement of 2720 or 7. the result. and this is fundamental, is that the obligation of states parties is to employ all means all means

reasonably available to them. so as to prevent genocide as far as possible, a state does not incur responsibility simply because the desired result is not achieved. responsibility is, however, is however, incurred, if the state manifestly failed to take all measures to prevent genocide which were always in its power and which might have contributed to preventing the genocide and quote, i know very well mister president, that a state can be held responsible for breaching the obligation to prevent genocide only if genocide was actually committed or however, as the court has a surgeon also, this obviously does not mean that the obligation to prevent genocide only

comes into being when the perpetration of genocide commences. that would be absurd, since the whole point of the obligation is to prevent or attempt to prevent the occurrence of the act. this duty or prevention of that arises at the instance that the state learns or should normally have learned of the existence of a serious risk. the genocide will be committed from that moment onwards. from that moment onwards, if the state has available to it means likely to have a deterrent effect on those as a suspected, preparing genocide, or reasonably suspected of harbouring specific intent, dulles, especially on us. it is under a duty to make such use of these means as the circumstances permit and to quote,

there is no doubt mister president, that's where we are today for any of server, for any state of good faith. the threshold of awareness has largely been crossed. the possibility of a genocide or of in apartheid. the truce of the serious breaches of the most fundamental rules of international humanitarian law have amply been overstepped or incidentally, at this stage of provisional measures, it is enough for you to determine 1st, the possibility that a genocide could be committed against the palestinian people. and also that, or on the other hand that the germany has not complied with its obligations to employ all means recently available to them. so as to prevent genocide so far as possible. i and the breach of numerous others in transgress. simple principles

which are in the state. you have a jew dictated on the possibility of a genocide in your orders of 26 january 20 march of this year. unfortunately, the situation is only worse and since then as daniel miller has already shown, i would like to add that the acts which in all likelihood come from the judge definition of genocide, are committed elsewhere then in guns in the occupied palestinian territories. but germany has not only not a valid itself of all of the means possible in specifically as one of the closest allies, if israel, to put an end to these probable acts of genocide. but germany has continued to authorize large scale delivery of weapons which can be used to,

to commit these acts. also having to do a genocide, there is one other point. the article 3 of the 1948 convention which you see on the screen, alleges not only the genocide itself as it is defined in article 2, but also the complicity in genocide is mentioned and in its judgement of twenties. 07. the court noted and firmed, and it's very clear over terms that there is no doubt that complicity in this sense of article 3 paragraphs. e of the convention includes the provision of means to enable or facilitate the commission of the crime. and therefore, to elaborating even further, although complicity as such is not a notion which exists in the current terminology of the law of international responsibility. it is similar to

a category found among the customer rules kansas constituting the law of state responsibility. that of the aid or assistance furnished by one state for the commission of a wrongful act by another state. you refer to this to the under article 16 of the aisle, see articles on the responsibility of states which expresses and you know, did it. following the customer rule, the customer roll stuck follows, and i quote, a state which aids are assist another state and the commission of an internationally wrongful act, by the latter is internationally responsible for doing so. if little a, that state does so with knowledge of the circumstances of the internationally wrongful act and little be the act would be internationally. wrongful is committed

by that state and quote, and you have specified, not noting a reason, and i'm quoting here, a reason of establishing a substantial difference between the complicity and genocide in the sense of article 3 paragraph, each of the art of the convention and the aid and assistance of a state in committing such a wrongful act by another state in the sense of article 16 about a snicker on, but it has shown in its request and also added to by mr. miller. germany was aware and continues to be fully aware of the risk that the weapons that there are furnishing and are continuing to furnish should be used by israel in committing a genocide against the palestinian people. and it is self evident that the genocide in question would be internationally wrongful. if it were committed by germany

itself. it is extremely urgent that germany finally suspended their aid and assistance that they are supplying to it. to israel to this end, this aid and assistance are straight from the definition of complicity. set out in article 3 is a convention. the urgency of ceasing the delivery of weapons which would allow israel to can 10 you its deadly enterprise has also been recalled recently by the human rights council and by the special reporter on the occupied palestinian territories. and i would like to quote from this latter an

english we're about to adjust member states to enforce of prohibition of genocide in accordance with the non 0 good little obligations. israel in those states that have been complicit must be held accountable and delivery by ratios. commence rates was the best friction this and how inflicted on the palestinian people or miss the button is a cold up on stage 2 and a good to gain immediately implement an arm. somebody go and these are out as it appears to have failed to comply with the binding measures or the by the i c, j on 26, january 2024. most of these are the show and the resolution from last friday adopted the despite the negative by germany. the human

rights council has also urged all states to continue to provide emergency assistance, including humanitarian relief and development assistance to the palestine and people to alleviate the financial crisis and the dire, socio economic and humanitarian situation. particularly in the gaza strip. he emphasized the vital role of the use of unreal for palestine, refugees in the near east and providing basic and necessary services for millions of palestinians in the region and called upon all states to ensure that the agency receives predictable, sustained, and sufficient funding to fulfill its mandate nicaragua, invited to members of the court to join your voice clad in it's a binding force to those voices of the special rep archer and the human

rights council. who, while they do have authority, do not have the binding force that yours does. this reasonable is, this reasoning is also transpose of all new types has been turned us to the support for other measures which nicaragua is asking you to indicate. and it is also a so it is also transferable, since the dollar special is which is one of the conditions of the existence of debt genocide, which you have already judged possible. it is presented to obviously and is not considered relevant because of the serious breaches of international humanitarian law and human rights to which intermedia has held to be responsible for. this is a shortly the case of which, when these arms are supplied because they can be used for

committing a serious breaches of international humanitarian law, as well as war crimes and the crime of apartheid. and germany could only be fully aware of these risks. and at least of their possibility, these obligations clearly weigh on germany and impose the germany not offer assistance to israel. and these actions, which are contrary to international law, but instead to mobilize all of their means, which they have at their disposal and continue java or disposal to ensure the compliance by israel of human human attorney in law. it is even more crucial since germany plays. it has great influence with israel, thanks to the strength of the political links which united these 2 states links that out in germany should develop themselves of at all times. mister president, germany has done everything to repent for the show,

and this is in to their honor. germany is shocked that we could, that we even dare to accuse it of assisting in genocide and even of not scrupulously respecting international humanitarian law norms, which are also at stake in this case. just as israel, which is the jewish state. and the victim of the research show that israel is appalled that we could accuse it of genocide. however, nobody, nobody owns the trademark of genocide. no state, not israel, not germany, can be free of the fundamental rules of international law under the pretext that they can defend themselves or aid the victim of such an attack to defend themselves . you must members of the court recalls us with the means that are your,

that are yours, the weapon of law. and this is what nicaragua is asking of you. mister president, before asking you to once again, call to the bar. and the investigator aren't going to, gomez, the agent in cancels nicaragua. i would live to address to you, members of the court, my heart felt thanks for your attention. i have often had the honor of taking the floor here in this great hall of justice. but i rarely and perhaps never been so aware of the responsibility which is weighing on all of the actors here. not actors in a play, but actors in a judicial drama which is playing out in this hall. this responsibility weighs on the counsel of the parties as it does on the court. thank you very much. see a supervisor. pretty good. thank you very much,

mr. penny. the agent of new york was excellency mr. carlos, i relo gomez. you have to show us the the president, members of the court. the court has heard from the doctor mueller, the facts which is telling me cut out what to initiate this case. in this request for provisions and meshes, professor butler has just explained to him, i need to contact in relation to the ongoing situation. by this time, details its responsibility under international responsibility arises and the 2 broad headings. first, germany's responsibility for his failure to take the action required by international law to prevent and punish the commission of genocide. think of

serious peaches of international humanitarian law. and 2nd, man, these responsibility for his actions or missions that are facilitated and continue to facilitate the commission of genocide. think of serious beaches of international humanitarian law. that is the response on page $54.00 driven, many submissions for its own next to be made when they get out what to address the criteria according to which the court exercises discretionary power to indicate provisional measures under article 41 on this section. the criteria of well established it must be admissible, claim concerning a legal dispute over which the court has pretty much lost interest diction. distinction because that will revise and the declaration is accepting the compulsory jurisdiction of the court made by the way and germany respectively. under article of $36.00 or the court statutes say explain thing the cause

application, no reservations, and use the declaration relevant to the pressing case. because reservation relates to met before 19 o one in germany's, to the probing open. so on forces abroad. and they use a government territory for military purposes. so you got this in the article 9 of the genocide convention to which both because i went into it many a parties provides jurisdiction over certain aspects of it because i was case it is evident that these grounds pretty massage here, afford a basis on which the restriction of the court might be found in the legal dispute was describing the cause of every 2nd february, 2024 which is specified. the breaches affect the national for which you can see the said tremendous responsible. the breaches relate to operations under the genocide convention. the 9049 geneva conventions. in addition,

the protocols and customary international germany analysis, rejection of the car, was claims a separate february, 2024. nothing more was so good from germany and the subject on the electric level. but you have many continued to read to me publicly. it's a portfolio as well, if he didn't see the difference of positions when he cut our any subsistence for the district. on 1st march 2024 and he said i will file this application with the court as the only other do. holding out to the whole books quickly upholding the application over to national a time scale and by led to a level of intercourse with centurylink. the extensive and that is that there should be a case where the allegations concerning an ongoing genocide in great violations of international humanitarian law. it would be a blind retreating to formalism,

require around the final round of the promote exchanges to risk reiterate the flex projection of think i was claims that germany has made on 7th february, i guess, reiterated public support of israel's actions. and by this time, this eviction was again evidenced in tremendous thoughts, are fun of 11 march, 2054, a precedent because claim is putting the visible this question has been discussed, but that's up enough for this presentation. but it is relevant to exercise that in the context of the criteria for ordering provision, the message which is here under discussion as a contracting party because that was a legal interest in the protection of the rights secure. but the genocide convention the point which we have for an earlier this year by the quarter in a context to south africa's request for provision that measures can explain that the same as to in respect to the 9049th geneva conventions. they've got this in the

protocols of customary rules of international humanitarian law, which they embody. the quote itself has said, had quote, that whole states parties to the geneva convention relative to the protection of civilian persons, the time of war. tough, oldest 49 are under obligations while respecting. tell united nation charter international to ensure compliance by english as well with international unite. html. i seen body thing type convention. i'm citing your advice. we have the new underwear case be so big issues headed out on this order to go and it's about a fish in each of his paper state party. i think interesting. compliance with tim can you get in case the course to his prudence was who enjoyed his perfectly 1st, before other considerations to be taken into account the answering a request was sufficient messages. one, the possibility of the right claim to the link between the provisions of measures

sold the rights underlying the main never train 3, the risk of a reputable harm if for just you know, the need for proficient measures, they all go through the basic question whether provision of measurements are necessary in order to preserve vice, which may subsequently be a judge to be home 3 the party in the case, or the flexibility of the rice clean the link with a price. so it's required at present in the present case, i see the south african associates real case there is here and i quote, a co relation between the rights of members of groups protected under the genocide convention. the obligations you can come to the state parties there to the right of a new state party to seek suppliers to would by another state body and the quote. and the same is true of rights under the geneva conventions. international humanitarian law. the rights of members of goose,

protected under the conventions of international humanitarian. though, here the students are self evident. they include the right to despair from genocide of the tax and treatment that fails to reach eating the basic standards of international humanitarian law. because 6 different to compliance with the obligations that underpin those rights. but in this action against germany, is that for compliance with the obligation to refrain from such a tax? rather, i feel really stressed by professor believe you have engaged russo term many diary questions are. it's obligations take auctions, actions to prevent or punish breaches of the genocide convention of international humanitarian law. to refrain from complicity in or facilitate sion of such features . these obligations having this, particularly everything in this case. the assistance of this obligation for states

parties to attend this i convention, i guess engaging in respect to the taxing. gotcha. that's already been determined, at least since the order of the court of 2060, under a 2024 speak can scarcely be denied. that the same is true in relation to the obligations to present and punish breaches of the geneva conventions. international humanitarian law. as professor polite has pain about a student being denied device to protection, he got dying and being injured and heavy, their homeland me do trouble because of that. typically because i was also requesting professional measures on the basis that germany is that only failing is duties to prevent and punish these breaches, but that it is complicit in them by using, assisting the commission that the beach is the faxing, jessica and the other parts of the palestinian occupied territory latoria as it had been.