Nicaragua Gives Notice to Israel's Accomplices for Violations of Genocide Convention
In a statement on February 1, the Government of Reconciliation and National Unity of Nicaragua indicated it has issued notice to the governments of the UK, Germany, the Netherlands and Canada of its decision to hold them responsible under international law for "gross and systematic violations" of the Convention on the Prevention and Punishment of the Crime of Genocide, international humanitarian law and customary law, including the law of occupation in the Occupied Palestinian Territories, in particular the Gaza Strip.
In its statement Nicaragua makes reference to the January 26 ruling of the International Court of Justice and the fact that the obligation to prevent genocide "arises and begins when there is a risk of it occurring; in fact, when it is plausible that it is occurring or might occur." It says, "This plausibility in now beyond doubt and dispute." In view of that fact, it urges the governments of the UK, Germany, the Netherlands and Canada to "immediately halt the supply of arms, ammunition, technology and/or components to Israel," saying it is plausible they might be used to facilitate or commit violations of the Genocide Convention.
Nicaragua reminds those governments that "a State's obligation to prevent, and the corresponding duty to act, arise at the instant that the State learns of, or should normally have learned of, the existence of a serious risk that genocide will be committed." It notes that Israel's genocidal attacks on the Gaza Strip have not stopped or diminished since they began in October 2023.
The statement also draws attention to the same four governments' suspension of funds to the United Nations Relief and Works Agency for Palestine Refugees in the Near East. It says that this further exposes their disregard of their obligations as well as their active facilitation of Israel's violations of the rules of international law "to the severe and immediate prejudice of the Palestinian people, particularly Gazans, and the international community as a whole." It says this also contributes to the collective punishment of the Palestinians and to the apparent objective of forcing them to leave the Occupied Palestinian Territories, particularly Gaza, and preventing the exercise of their right to self-determination.
In light of all the above, Nicaragua has given written notice to the four named governments that it "will adopt all measures it considers appropriate in accordance with international law, including recourse to the International Court of Justice, to guarantee respect for these fundamental international texts and customary international law."
On January 24, Nicaragua announced that it had filed an application with the International Court of Justice for permission to participate as a state party to the case South Africa has brought against Israel under the Genocide Convention.
This article was published in
Volume 54 Number 10 - February 13, 2024
Article Link:
https://cpcml.ca/Tmlm2024/Articles/MS541015.HTM
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